RANCHI, India, June 4 -- Jharkhand High Court issued the following order on April 4:

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner for the following reliefs;

i) For quashing of Memo No.603 dated 14.12.2023 [Annexure-3] issued by the Deputy Commissioner, Bokaro whereby the application of petitioner has been rejected to reinstate in service in the light of judgement dated 16.10.2020 [Annexure-1] passed in WP(S) No.6436/2010 without application of mind, the order of dismissal has already been quashed and set aside by the Hon'ble High Court therefore the Deputy Commissioner, Bokaro should have passed a fresh order on application of petitioner in departmental proceeding after following the procedure of the departmental proceeding, whereas simply the Deputy Commissioner, Bokaro rejected the application of the petitioner which is against the principle of departmental proceeding and therefore the same liable to be set aside.

ii) For direction upon the respondents to pay all consequential benefits to petitioner after setting aside the Memo No.603 dated 14.12.2023 (Annexure-3] issued by the Deputy Commissioner, Bokaro.

iii) For direction upon the Respondent No.2 to make payment of all the salary to the petitioner for the period on and from 24.12.2006 till today which has not been paid to him after deduction of the suspension allowance amount which has been paid to him within this period.

iv) For direction upon Respondent No.2 to recall the order of dismissal of service of petitioner and pass a fresh order to allow the petitioner to join in service in accordance with law after following the principles of natural justice.

3. The brief facts of the case are that the petitioner has been working as a Peon since the year 1990 and his service was regularized in 2005. In 2006, a show cause notice was issued to him seeking an explanation regarding the allegation that the educational documents submitted at the time of his appointment, specifically the School Leaving Certificate showing his qualification as Class VIII, were forged. Thereafter, he was directed to file his reply within 15 days of issuance of the said notice.

The petitioner contends that, in terms of Advertisement No. 27 dated 09.01.1999, he had submitted a School Leaving Certificate of Class VIII issued by the Headmaster of High School, Bokaro. Thereafter, a charge sheet with suspension order No. 1039 dated 23.12.2006 was served upon him, and departmental proceedings were initiated and an Inquiry officer was appointed. The petitioner submitted his reply on 02.03.2007, asserting that his Class VIII School Leaving Certificate was genuine.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqA6BGEwSqwBu80ih15Tus5Cp3barqaXSgr2Av7prdzvb&caseno=WPC/479/2024&cCode=1&cino=JHHC010030102024&state_code=7&appFlag=)

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