ORDER :

[Sujit Narayan Prasad, J.]

1. The instant intra-court appeal, under clause 10 of the Letters Patent, has been preferred against the order/judgment dated 20.01.2021 passed by learned Single Judge of this Court in W.P. (S) No. 1093 of 2020 whereby and whereunder while allowing the writ petition the decision as contained in Resolution dated 25.07.2019 purported to be issued in exercise of power conferred under Rule 14(1) of the Jharkhand Government Servants (Classification, Control and Appeal) Rules, 2016, [hereinafter referred to as ‘Rules, 2016’] by which the punishment of censure has been imposed upon the petitioner as also the decision as contained in Resolution dated 29.01.2020 by which the review application preferred by the petitioner was dismissed upholding the order of penalty dated 25.07.2019, have been quashed and set aside.

2. The brief facts of the case, as per pleadings made in the writ petition, read as hereunder:

The petitioner was appointed on 01.03.1993 in the cadre of Bihar Administrative Services pursuant through 37th Combined Competitive Examination conducted by Bihar Public Service Commission. Pursuant to reorganization of State of Bihar, the petitioner's service was allocated to the State of Jharkhand. During the period 10.07.2002 to 06.02.2004, the petitioner was posted as Circle Officer, Jamua in the district of Giridih.

It is the case of the petitioner that while he was posted as Circle Officer at Jamua on 27.08.2003 he met with a minor accident in which he sustained minor injuries though it did not restrict his movement and after taking advice from the doctor, he continued to discharge his duties as before, but the Deputy Commissioner, Giridih vide letter dated 09.09.2003 directed the Circle Officer, Giridih, Sadar to assume the charge of the post of Circle Officer, Jamua where the petitioner was working and the petitioner was directed to proceed on leave.

Even on 14.09.2003 there had been a camp organized for distribution of land parcha wherein also the petitioner appeared and played its active role in distribution of the land parcha. But the Deputy Commissioner, Giridih recommended for suspension of the petitioner and framed charge against him in prapatra-ka vide letter dated 11.10.2003 alleging inter alia that the petitioner was having a fracture in his leg and on account of the same he had been absenting himself from duty without leave and had been discharging his duties from his residence.

It is further case of the petitioner that the said charge was not even approved by the disciplinary authority and the then Deputy Commissioner found no evidence on the basis of which the charges were imputed against the petitioner. It is further stated that the Deputy Commissioner, realizing the fact that the petitioner was discharging his duties, vide letter dated 03.12.2003 amended the directives as contained in letter dated 09.09.2003 to the extent of giving charge to Circle Officer, Giridih. It is alleged that since no evidence had been furnished along with the proposed memo of charge, the Personnel Department, Govt. of Jharkhand vide letter dated 09.01.2004 wrote to the Deputy Commissioner, Giridih to furnish the documents and evidence forming basis of charges imputed against the petitioner.

Since the charges framed by the then Deputy Commissioner, Giridih had not been approved by the disciplinary authority the petitioner had been show caused vide letter dated 14.01.2004, to which, the petitioner replied vide letter dated 31.01.2004 which was forwarded to the Principal Secretary, Land & Revenue vide letter dated 11.02.2006.

It is stated that in the meantime, vide letter dated 24.02.2004 again the Personnel Department wrote to the Deputy Commissioner to furnish the very basis of article of imputation as against the petitioner. Thereafter, again vide letter dated 04.06.2004 and 28.05.2007 the Deputy Commissioner was directed to comply the earlier direction but no reply was furnished by the Deputy Commissioner,