In the accompanied writ petition, the petitioner has, inter alia, prayed for quashing the Memorandum issued vide memo dated 05.01.2016 along with the alleged charge in 'Prapatra K' of the said memorandum (Annexure-5) whereby a departmental proceeding has been initiated against the petitioner for an allegation of committing irregularity in passing the building plan by giving benefit to a builder in Building Plan Case No. 1103/2008. The petitioner has further prayed for issuance of writ in nature of mandamus directing the respondents to revoke the impugned Memorandum dated 05.01.2016 (Annexure-5) and for direction on the respondents to restrain them to proceed with the departmental enquiry on the alleged charge of committing irregularities by the petitioner in sanctioning the building plan.

2. The facts, as delineated and described in the writ petition in a nutshell is that the petitioner is an Assistant Engineer, Water Resources Department. The services of the petitioner was placed with the Urban Development Department and he was given charge of the Town Planner in the Regional Development Authority, Ranchi. In pursuance of direction given by this Court in W.P.(PIL) no.1531 of 2011 [Ed.- : Reported in 2011(3) JLJR 234.], an FIR was registered by CBI vide RC-03(A)/2011-R on 30.03.2011 against unknown officers/officials of Ranchi Regional Development Authority including the petitioner. In the aforesaid CBI case, the petitioner was arrested and remanded to judicial custody by the Special Judge, CBI and the petitioner was suspended vide Notification dated 29.07.2011 by the department of Water Resources, Government of Jharkhand. Thereafter, the petitioner was enlarged on bail and after more than two years of suspension of the petitioner, the same was revoked and he was posted in Minor Irrigation Quality Control Division, Ranchi vide Notification dated 02.11.2013. Thereafter, the services of petitioner was repatriated to department of Panchayati Raj and he was posted as Incharge District Engineer Zila Parishad, Chatra with additional charge of Koderma vide Notification dated 31.12.2013. M/s. Ashlesha Corporation and Binay Kumar, who are supposed to be beneficiary of the Building Plan of the Hotel Le Lac for which the Building Plan No.1103/2008 and Building Plan No.706/2004 was sanctioned, moved before this Court in W.P.(Cr.) No. 319 of 2011 [: Reported in 2016(1) JLJR 380.] and order taking cognizance has been quashed by this Court vide order dated 27.11.2015 as evident from Annexure-1 to this writ petition. In the said order, this Court held that Building Plan no.1103/2008 has been passed in accordance with the specification and there is no illegality and irregularity committed therein. Though the order of this Court dated 27.11.2015 was brought to the notice of the respondents by filing a representation, the petitioner was again placed on suspension under Rule 49(A) of the Civil Services (Classification, Control and Appeal) Rules vide Memo dated 05.01.2016 (Annexure-3 to the writ petition) and the said order was challenged by the petitioner in W.P.(S) No.116 of 2016 and this Court has been pleased to quash the same by judgment dated 16.03.2016 (Annexure-4). Thereafter, a Memorandum dated 05.01.2016 (Annexure-5) has been served under the signature of Joint Secretary, Water Resources Department, Govt. of Jharkhand initiating the departmental proceeding against the petitioner. It has been averred in the writ petition that since the plans of the building including the Plan No.1103/2008 has been held to be in accordance with law by this Court in W.P.(Cr.) no.319 of 2011, no prima facie case is made out for conducting a departmental proceeding against the petitioner. Therefore, the impugned memorandum is illegal, without jurisdiction and the same is liable to be quashed. It has further been averred in the writ petition that the charge sheet issued vide 'Prapatra K' is not sustainable in view of findings of this Court in W.P.(Cr.) N