MAN MOHAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court for quashing of the order dated 13.05.2015 contained in Memo No. 4280 (Annexure-25) issued by the Deputy Secretary, Personnel, Administrative Reforms and Rajbhasa Department, Govt. of Jharkhand, whereby and whereunder, the petitioner has been awarded with punishment of withholding of three increments without cumulative effect, without taking into consideration the fact that earlier on the basis of the same charge mentioned in Prapatra K' dated 06.01.2009, the petitioner has been discharged from all the charges. Further, for a direction upon the respondents to grant the petitioner all the increments after quashing the aforesaid order dated 13.05.2015. Further, prayer has been made for a direction upon the respondent not to give effect to the order dated 13.05.2015 contained in Memo No. 4280 Further prayer has been made for quashing of Resolution dated 20.12.2012 contained in Memo No.13920 (Annexure- 14) issued by the Deputy Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand.

(2.) The case of the petitioner lies in a narrow compass. In the year, 2008 the petitioner was posted as B.D.O, Churchu and in the same year one Tapas Soren has committed self immolation at Charhi Chowk and after that incident, the Deputy Commissioner, Hazaribagh vide order dated 02.07.2008 has directed Additional Collector, Land H.B, Hazaribagh, to conduct an enquiry and submit the report within a week. However, on the next day i.e. on 03.07.2008 vide letter No.01-Camp., the Deputy Commissioner, Hazaribagh wrote a letter to the Secretary, Rural Development Department, Govt. of Jharkhand for taking administrative action against the petitioner with recommendation for putting him under suspension. Pursuant thereto, the matter was discussed among the senior officials of the personnel department and after obtaining consent from Hon'ble the Chief Minister, suspension order vide Memo No. 4040 dated 03.07.2008 was issued under pen and signature of the Joint Secretary, Department of Personnel, Administrative Reforms and Rajbhasha with regard to incidence of self immolation of one Tapas Soren ignoring the fact that on 02.07.2008, a direction was issued to Addl. Collector by the same Deputy Commissioner to conduct an enquiry and to submit the report within one week and on 03.07.2008, there was no report of Addl. Collector, which was submitted before the Deputy Commissioner. It is further the case of the petitioner that on 05.07.2008, vide Letter No. 7 Bhu.Ha., the Addl. Collector, after enquiry submitted a detailed enquiry report to Deputy Commissioner wherein, petitioner was fully discharged from the allegation leveled against him. Further, the matter was enquired by the Ministry of Rural Development, New Delhi and in the said enquiry also, the petitioner was discharged from the charges leveled against him, which is evident from the report dated 30.10.2008. Subsequently, the Deputy Commissioner Hazaribagh vide order dated 08.07.2008, has appointed five Administrative Officers for conducting physical verification of the Well which were being constructed in Churchu Block ignoring the fact that all the Officers were not the Technical officer. Thereafter, they submitted physical verification report to Deputy Commissioner and after being dissatisfied with the work, the Deputy Commissioner, Hazaribagh prepared Prapatra 'K' and forwarded to the State Government vide Memo No. 27 dated 06.01.2009.

(3.) It is further the case of the petitioner that after the confirmation of the Prapatra 'K', vide Resoluation dated 28.04.2009, the Joint Secretary, Personnel, Administrative Reforms and Rajbhasha Department, issued notification for conducting Departmental Proceeding against the petitioner. The Commissioner, North Chotanagpur Division, Hazaribagh was appointed as the Conducting Officer and on 03.08.2010, the petitioner submitted his written statement/reply to him Subsequently, vide order dated 09.09.2010 contained in Memo NO. 5434 issued by the Deputy Secretary, Personnel, Administrative Reforms and Rajbhasha, the suspension of the petitioner was vacated. On 07.05.2012, the Conducting Officer submitted the enquiry report to the Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, wherein petitioner has been exonerated from the charges leveled against him. Subsequently, on 12.07.2012, vide Memo No. 8119, second show cause notice has been issued to the petitioner. Pursuant thereto, petitioner submitted his reply to the Department on 06.08.2012 and 18.08.2012 Thereafter, after being unsatisfied to the reply of the petitioner, Deputy Secretary, Personnel, Administrative Reforms and Rajbhasha Department vide Resolution dated 20.12.2012 contained in Memo No. 13920 awarded the punishment of three increments with cumulative effect without considering the reply of the petitioner Aggrieved by the same, the petitioner preferred an Appeal before His Excellency, the then Governor of Jharkhand. Thereafter, the Deputy Secretary directed the Deputy Commissioner to conduct an enquiry and submit his report. Pursuant thereto, the Deputy Commissioner after enquiry submitted his report and after being satisfied by the said report, the Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand observed that the petitioner has not been found guilty of the charges leveled against him and therefore, his case may be considered and punishment awarded to him may be set aside and the Appeal preferred by the petitioner be allowed and as such, with this observation, file was forwarded for the consent of Hon'ble the Chief Minister. Thereafter, the Chief Minister, after certain queries to the Department, has given his consent and therefore, the Appeal preferred by the petitioner was allowed and punishment imposed upon the petitioner has been set aside vide Extract of File dated 02.05.2014.