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Judgment
This contempt petition has been filed for non-compliance of the order of this Court dated 11th March, 2010, passed in W.P. (PIL) No. 2721 of 2008 wherein the State was directed to complete the departmental enquiry expeditiously. Even after service of a copy of this contempt petition, the departmental enquiry was not completed and vide order dated 10th February, 2012, this Court directed the respondents to furnish the name with particulars of the enquiry officer who did not complete the departmental enquiry.
Learned counsel for the respondent-State today submitted that from 14.10.2008 till date, eleven Divisional Commissioners have been changed.
It is very strange that such high post of the Divisional Commissioner, Palamau has been dealt with in the manner of putting a officer for such a short period. We would like to quote the details of the officers, who had held the post of the Divisional Commissioner, Palamau from 14.10.2008 till today, which is as under:
S. No.
Name
Tenure
1.
Sri A.K. Pandey, I.A.S.
14.10.08 to 28.01.09
2.
Sri K.K. Kandelwal. I.A.S.
29.01.09 to 26.02.09
3.
Sri A.K. Pandey,I.A.S.
27.02.09 to 12.08.09
4.
Smt. S.K. Rapaj, I.A.S.
13.08.09 to 25.10.09
5.
Sri R.S. Poddar, I.A.S.
26.10.09 to 27.01.10
6.
Sri S. Singh, I.A.S.
27.01.10 to 20.04.10
7.
Smt. S.K. Rapaj, I.A.S.
21.04.10 to 28.06.10
8.
Sri S. Tathagat, I.A.S.
28.06.10 to 31.10.10
9.
Sri V. Kumar, I.A.S.
12.12.10 to 04.04.11
10.
Sri A.K. Singh, I.A.S.
05.05.11 to 30.01.12
11.
Sri Surendra Singh, I.A.S.
01.02.12 to....
It will be appropriate to obtain an affidavit of the Chief Secretary, Government of Jharkhand on oath that post of the Divisional Commissioner was in fact dealt with such a manner which reflects the administrative working of the State even in the matter of keeping the officers of such a high post of Divisional Commissioner who can implement the Government policies. Therefore, the Chief Secretary, Government of Jharkhand will file an affidavit by the next date indicating the reason for transfer of the Divisional Commissioner within such a short period.
Be that as it may, today it has been submitted that departmental enquiry has been completed by the enquiry officer and report has been placed before the disciplinary authority i.e., the Principal Secretary, Department of Personnel, Government of Jharkhand. We would like to wait for the decision of the disciplinary authority.
Put-up this matter on 20.3.2012.
A copy of this order be given to the learned counsel for the parties.