RAMYASH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajendra Krishna, learned counsel for the petitioner and Mr. Nipun Bakshi, learned S.C.-III (Mines & Geology) for the State of Jharkhand and Mr. Binit Chandra, learned counsel for the State of Bihar.

(2.) The petitioner has preferred this writ petition for direction upon the respondents to shift the date of promotion of the petitioner for second Assured Career Promotion Scheme (in short A.C.P.) from 09.08.1984 to 09.08.1999. Further prayer was made to provide monetary benefits in the increment for the year 1994-95, 1995-96, and 1996-97. A prayer also made for payment of salary during the period of suspension w.e.f. 07.04.1994 to 13.08.1997 deducting subsistence allowance. Petitioner also prays for direction upon the respondents not to give effect the show cause notice dated 12.04.2004. During the pendency of the writ petition an order dated 25.10.2008 was also passed and accordingly, by way of an Interlocutory Application the said order has also been challenged in this writ petition, which was allowed vide order dated 28.01.2016.

(3.) The petitioner was posted as Assistant Engineer in Swarn Rekha Canal Division at Ghatshila. By letter dated 07.04.1994, the petitioner was put under suspension. Subsequently, the said suspension was revoked by letter dated 04.09.1997. The petitioner was served with a charge sheet, with respect to deficit in construction on the Mohammadganj Bhim Barrage it is alleged in the charge that the near 2850 m. to 2500 m. there was a canal "lathia" which was blocked due to the construction of barrage and at that very place height of the dam is 24 ft. and there 20 ft. to 30 ft. longitudinal rain cut was found. At this, charge sheet was issued against the petitioner. The petitioner replied to the charge sheet wherein he denied the charges leveled against him and an Enquiry Officer was appointed to conduct the enquiry. Subsequently, Enquiry Officer has submitted enquiry report wherein the charge against the petitioner has not been established.