Ram Babu Kumar vs State of Jharkhand And Ors

Heard Mr. Lalan Kumar Singh, learned counsel for the petitioner and Mr. Kishore Kumar Singh, learned counsel for the respondents.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due

to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been

heard.

The petitioner has preferred this writ petition for quashing the notification dated 03.02.2012 whereby major punishment of stoppage of two annual

increments with cumulative effect has been imposed. The appellate order dated 23.05.2016 is also under challenge in this writ petition.

The petitioner was posted as Forest Range Officer, Sisal Forest Range, Latehar under the Conservator of Forests, Research and Silviculturist Circle,

Jharkhand, Ranchi. A departmental proceeding was initiated against the petitioner vide memo no.5514 dated 21.09.2005. There were eight charges

levelled against the petitioner. An enquiry report was submitted by the Enquiry Officer wherein the petitioner has been exonerated from charge nos.1

to 5 and charge nos.6 and 7 were partially proved. Pursuant thereto, the major punishment of stoppage of two annual increments with cumulative

effect has been imposed against the petitioner by the impugned order. The petitioner filed appeal which was also dismissed. Aggrieved with this, the

petitioner has approached this Court.

Mr. Lalan Kumar Singh, learned counsel for the petitioner submits that without supplying enquiry report and second show cause, the impugned order

has been passed which is not sustainable in the eye of law. He further submits that in view of letter no.289 dated 24.02.2010, the petitioner has been

exonerated from all the charges on the ground of difference of opinion within the Department. The said letter speaks that there is no embezzlement of

Government money. This letter is issued by the higher authority of the Forest Department, who happens to be the Regional Chief Conservator of

Forest, Hazaribagh.

Mr. Kishore Kumar Singh, learned counsel for the respondents submits that it is an admitted position that second show cause notice has not been

issued against the petitioner. In that view of the matter, the matter may be remitted back to the concerned authority to take a decision afresh.

In view of above facts and considering the letter no.289 dated 24.02.2010 contained in Annwexure-4, it appears that the petitioner has been

exonerated from all the charges. Admittedly, major punishment has been imposed without providing enquiry report and the second show cause to the

petitioner. In view of admitted position, the impugned order cannot sustain in the eye of law. Accordingly, the notification dated 03.02.2012 and the

appellate order dated 23.05.2016, are quashed. The matter is remitted back to the respondent no.4, who will take a fresh decision in accordance with

law.

The writ petition stands allowed in the above terms and disposed of.