ORDER :

Heard Mr. Afaque Ahmed, learned counsel for the petitioner and Mr. Sunil Kumar, learned G.A.I for the respondents.

2. The petitioner has preferred this writ petition for quashing resolution dated 05.07.2011, whereby, by way of punishment, stoppage of two pay increments with non-cumulative effect and stoppage of promotion of the petitioner for next two years from the due date of promotion has been imposed; and further prayer has been made for quashing order dated 28.04.2012 whereby appeal preferred by the petitioner has been rejected.

3. It is the case of the petitioner that on 05.10.2000, the petitioner joined as probationer Deputy Collector at Patna Secretariat in Personnel, Administrative Reforms and Rajbhasha Department, Government of Bihar, Patna. After bifurcation, the petitioner joined in State of Jharkhand on 20.11.2000 on the same post. After getting successful training, he was posted as Block Development Officer, Manjhgaon, West Singhbhum, Chaibasa on 22.06.2002 where he continued till 04.01.2005. The Deputy Commissioner, West Singhbhum, Chaibasa vide letter dated 06.05.2002 addressed to all Block Development Officer including the Block Development Officer, Manjhgaon gave a direction for repairing of hand-pumps and construction of well at priority level after making inspection. It is the specific case of the petitioner that the said letter dated 06.05.2002 was prior the date of joining of the petitioner as Block Development Officer, Manjhgaon and the petitioner at no point of time was informed by his predecessor regarding that letter. Even otherwise, that work was to be executed through panchayat level.

4. A complaint dated 09.10.2002 was made by a political party before Deputy Commissioner, West Singhbhum, Chaibasa regarding the scam of huge amount in the name of repairing of the hand-pumps. However, on plain reading of said complaint, it is evident that the name of Manjhgaon Block has not been mentioned. On the basis of said complaint, the Deputy Commissioner, West Singhbhum, Chaibasa vide letter dated 11.10.2002 directed the Deputy Development Commissioner, Sub-Divisional Officer, Chaibasa and the Sub-Divisional Officer, Chakradharpur to make verification of the facts and submit report in this regard. In that letter also, the name of Manjhgaon Block is also not mentioned.

5. A 'Public Interest Litigation' being W.P. (PIL) No. 1422 of 2003 was also filed before this Court for the same cause wherein also complaint dated 09.10.2002 made by political party was mentioned. Consequent thereupon, the Deputy Commissioner, West Singhbum, Chaibasa vide letter dated 15.01.2004 directed the petitioner along with other B.D.Os to submit up-to-date report with the regard to subject matter of Public Interest Litigation, which the petitioner replied annexing with detailed report vide letter dated 21.01.2004. But, in the meantime, the Deputy Development Commissioner has written a letter to Secretary, Rural Development Department, Government of Jharkhand to take action against the petitioner without issuing any show cause. However, on the basis of said letter of Deputy Development Commissioner, explanation was sought for from the petitioner vide letter dated 05.03.2004, to which the petitioner replied vide letter dated 15.03.2004. But, without considering his explanation memo of charge was framed against the petitioner vide letter dated 10.02.2004 and departmental proceeding was initiated against the petitioner. In the departmental proceeding, the petitioner participated and submitted his defence but the authority did not consider the same and submitted the enquiry report before the disciplinary authority. Learned counsel for the petitioner vehemently submitted that the petitioner was never served with the enquiry report, which caused serious prejudice to the petitioner as he could not give proper reply resulting into imposition of impugned order of punishment. It is further case of the petitioner that before imposing the impugned