RANCHI, India, March 10 -- Jharkhand High Court issued the following order on Feb. 9:
1. By way of filing this writ petition, the petitioner has sought for the following reliefs:-
1. For issuance of an appropriate writ/order(s)/direction(s) including a writ of certiorari, for quashing/setting aside the Order No.- Disc/AA/Ord-46, dated 10.02.2020 (Annexure-9), passed by the Respondent No. 2 ie., Appellate Authority, whereby the Respondent No. 2 has wrongfully dismissed the appeal filed by the Petitioner against the order of the Respondent No. 3 i.e. Disciplinary Authority dated 21.10.2019 (Annexure-7/1) on the alleged ground that the appeal has been preferred beyond the time limit of one month from the date of communication of the said order of the Disciplinary Authority as prescribed under Rule 32 of the HEC Employees' Conduct, Discipline & Appeal Rules, 1981;
2. For issuance of an appropriate writ/order(s)/direction(s) including a writ of certiorari, for quashing/setting aside the Order No.- COT/PS/Disciplinary Proceed/2019-78 dated 21.10.2019 (Annexure-7/1), passed by the Respondent No. 3, whereby the Respondent No. 3 has held the Petitioner guilty of the charges of misconduct leveled against him under the Memorandum of Charges dated 14.06.2018, and also imposed penalty under Rule 23(f) of the HEC Employees' Conduct, Discipline & Appeal Rules, 1981 by reducing Petitioner's basic pay from Rs. 25,050/ to Rs, 23,610/- in the pay scale of Rs. 20,600- Rs. 46,500 (E-2) for the period from 19.05.2018 to 30.03.2019, and further denied the Petitioner increment during the aforesaid period, and also directed the period of suspension to be treated as dies non, as being unreasonable and perverse especially because the same is based on no evidence or irrelevant evidence;
2. The petitioner was posted as an Assistant Manager in Town Administrative Division who was working as Town Warden and was responsible for allotting staff quarters. One quarter was officially allotted to an employee named Kamal Ram in May 2018. According to the petitioner when he went to hand over the quarter, he discovered that it was already occupied by two employees. The occupants filed a complaint against the petitioner, accusing him of giving them the keys earlier and taking illegal rent from them. Based on this complaint, the petitioner was suspended. A departmental inquiry was started against the petitioner and the disciplinary authority punished the Petitioner. His pay was reduced, increments were denied, and the suspension period was treated as "dies non" (not counted in service). During this period, the petitioner retired from service. The petitioner filed an appeal and which was rejected by the appellate authority.
3. Learned counsel for the petitioner submits that the punishment order dated 21.10.2019 is arbitrary, illegal and unsustainable in law. He further submits that the petitioner's pay was reduced, his increments were stopped, and the suspension period was treated as "dies non," which affected his service and retirement benefits. He also submits that the charges against him were proved without any documents or independent witnesses to support the allegations. Even the Enquiry Officer noted that there was no proof of payment of illegal rent. He further submits that the disciplinary proceedings were not conducted properly, and the appeal was wrongly rejected as time-barred despite being filed within time.
4. The learned counsel for respondents submits that the petitioner, being the Town Warden, was fully responsible for proper handling and allotment of quarters after issuance of allotment orders. A complaint was received from Ankur Yadav and Sunil Kumar alleging that the petitioner had earlier given them the keys of the said quarter in February 2018 and had taken illegal rent of Rs.3,000 each per month.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoOSGSupFZ3OLeZ%2BweTt%2FAEIfPUmRjm3B%2BWkJm6ph9GBp&caseno=WPC/465/2021&cCode=1&cino=JHHC010039122021&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
