IN THE HIGH COURT OF JHARKHAND AT RANCHI
R. Banumathi, P.P. Bhatt, JJ.
Baha Murmu (L.P.A. No. 408/2013)
Kubraj Marandi (L.P.A. No. 409/2013)
Suresh Tudu (L.P.A. No. 411/2013)
Nagen Hembrom - Appellant (L.P.A. No. 413/2013)
Versus
The State of Jharkhand And Ors. – Respondents (In All Cases)
L.P.A No. 408, 409, 411 413 of 2013
Decided on : 04.07.2014
R. Banumathi, C.J.
These appeals are filed against the orders, all dated 11.11.2013 passed in W.P.(S) Nos. 3417 of 2013; 3427 of 2013; 3411 of 2013 and 3429 of 2013 respectively, dismissing the writ petitions on the ground that charge of negligence against the appellants was found proved and there is no violation of Article 14 of the Constitution of India in terminating the services of the appellants as “Rojgar Sewak’.
2. Since common points fall for consideration in all the appeals, all the appeals have been tagged and heard together and shall stand disposed of by this common judgment.
3. The appellants were appointed as Rozgar Sewaks on contractual basis in the MNREGA Scheme. The appellant-Baha Murmu was transferred to Sonadhani Panchayat in Littipara Block; the appellant-Kubraj Marandi was transferred to Littipara Panchyat in Littipara Block, the appellant-Suresh Tudu was transferred to Kunjbona Panchayat in Littipara Block and appellant-Nagen Hembram was transferred to Jamjori Panchayat in Littipara Block. On 28.6.2012 a show cause was issued to each of the appellants on the allegation that muster rolls, job cards, deposit forms etc. were found in the custody of one Shankar Pramanik and Rakshakar Sah, who were not even Government employees and the appellants submitted their replies to the show cause denying the allegations. An inquiry was conducted by the Executive Magistrate and in the inquiry report dated 23.5.2012 it was found that it was the responsibility of the appellants to keep muster rolls cards, job cards and other relevant documents relating to MNREGA Scheme in safe custody; whereas the relevant documents were seized from the possession of Shankar Pramanik and Rakshakar Sah and the charges against the appellants were found proved. The Deputy Commissioner, Pakur vide order no. 856 dated 27.7.2012 terminated the services of the appellants on Rozgar Sewak.
4. Challenging the orders of termination, the appellants filed the writ petitions and the same were dismissed by separate orders, by holding that it was the Rozgar Sewak who were responsible for the safe custody of all the documents and since the copies of muster rolls, job cards and registers were found in the custody of a person who is not in the Government service and specific charge of negligence having been proved, the contract of the appellants was rightly terminated. It was further held that the appellants being appointed on contractual basis the orders of termination of the appellants from service cannot be said to be disproportionate to the charges levelled against the appellants.
5. Being aggrieved by the dismissal of the writ petitions, the appellants have preferred these Letters Patent Appeal.
6. Learned Senior Counsel for the appellants contended that the order of termination of Rozgar Sewaks is unreasonable since the termination order is based on no Government order or Government letter making the Rozgar Sewaks duty bound to make physical verification of the Muster Rolls, Job Cards and to see/follow up of the working of the Mates. It was further contended that the termination on the basis of the letter of the Deputy Commissioner contained in memo no.582 dated 19.5.2011 is unreasonable since there is no rule or Government order that the Rozgar Sewaks are entrusted with the responsibility of maintaining the Muster Rolls, Job Cards etc.
7. Drawing our attention to the Operational Guidelines of the MNREGA Scheme, learned counsel appearing for the respondents, Mr.Ratnakar Bhengra, submitted that the duties and responsibilities of Rozgar Sewaks and Mates are stipulated in the said guidelines and the Department of Rural Development, Government of Jharkhand, also issued the resolution stipulating the service conditions and responsibilities of Rozgar Sewaks.
8. The contention of the appellants that there are no rules or guidelines stipulating the duties of Rozgar Sewaks and that the Rozgar Sewaks are entrusted with the responsibility of maintainin
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