RANCHI, India, Sept. 9 -- Jharkhand High Court issued the following order on July 8:
1. Heard learned counsels for the parties.
2. The instant writ application has been preferred by the petitioner praying therein for quashing the resolution issued vide memo No. 413/Ranchi dated 15.01.2014 by the Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, issued pursuant to the order of Hon'ble Governor, Jharkhand, whereby and whereunder, the petitioner has been compulsorily retired and 30% amount has also been deducted from his pension under Section 49 (IV-a) of Civil Services (Classification, Control and Appeal) Rules.
The petitioner has further prayed for quashing the appellate order dated 27.10.2014, issued under the signature of Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, whereby and whereunder, the appeal filed by the petitioner against the punishment order dated 15.01.2014 has been rejected. 3. The brief facts as per the pleadings are that the petitioner was primarily inducted in service of Bihar Government as Stenographer Class-1 in Patna Secretariat on 10.04.1973. Thereafter, the petitioner was selected for administrative service of Bihar through Bihar Public Service Commission in a nomination quota on the ground of meritorious service on 16.07.1991 and appointed as Deputy Collector at Arah (Bhojpur) on 16.07.1991.
In the year 2007, when he was posted as Circle Officer in Shikari Para Block and was in additional charge of Circle Officer of Raneshwar Block, then vide Letter No.495 dated 17.08.2007 of Commissioner, Santhal Pargana Division, Dumka, a memo of charge contained in Form-D was issued against the petitioner through Letter No.3723/jkn dated 08.11.2007 of Secretary, Department of Finance and Land Reforms, Jharkhand and vide departmental Letter No.8216 dated 18.12.2007 explanation was sought from him.
The memo of charges (Annexure-1) issued against the petitioner was containing 22 points against which the petitioner submitted his explanation vide letter no. 16 dated 04.01.2008 (Annexure-2) denying the charges levelled against him.
Thereafter, second show cause was issued to the petitioner vide Letter No. 9798 dated 07.10.2013 (Annexure-3). Again, the petitioner replied to the second show cause stating that the conducting officer invited his explanation and on that Deputy Commissioner, Dumka was given time till 09.04.2013 to submit opinion. On non-submission of the opinion, conducting officer announced the departmental proceeding to come to end, but on submission of report by Deputy Commissioner beyond the stipulated period i.e. on 16.04.2013, without giving copy of that report to the petitioner or discussing with the petitioner, he submitted the enquiry report. It has also been stated in his show cause reply that he was not given the chance to cross-examine the witnesses, nor he was given opportunity to produce the documentary evidence which is illegal and against the principles of natural justice.
Thereafter, vide resolution issued vide memo No. 413/Ranchi dated 15.01.2014 (Annexure-5); pursuant to the order of Hon'ble Governor, Jharkhand, the petitioner has been compulsorily retired and 30% amount has also been deducted from his pension under Section 49 (IV-a) of Civil Services (Classification, Control and Appeal) Rules.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oVz058q2ZLjDVEITM0Vw1AmlaPgxyA1G6qhrrWu3HIKSacKkgJ%2F0eJOdWWOQiUJS&caseno=WPC/986/2015&cCode=1&cino=JHHC010153722015&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
