JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Heard learned counsel for the parties.

2. This writ petition has been filed for the following reliefs:

“(i) For issuance of an appropriate writs/orders/directions or a writ in nature of certiorari for quashing the Resolution contained in Memo No. 5/Arop-1-342/2014-26125 (HRMS) Ranchi dated 15.10.2019 (Annexure-12) by which the punishment for withholding three increments with cumulative effect has been imposed upon the petitioner under the provision of Rule 14(VI) of Jharkhand Government Servants (Classification, Control and Appeal) Rules, 2016.

(ii) For issuance of an appropriate writs/orders/directions or a writ in nature of certiorari for quashing the Resolution contained in Memo No. 5/Aarop-1-342-2014-5451(HRMS) Ranchi dated 19.5.2020 (Annexure-13) by which the review application preferred by the petitioner has also been considered and punishment imposed by the disciplinary authority has not been interfered meaning thereby that the review application preferred by the petitioner was rejected. AND

(iii) For issuance of an appropriate writs/orders/directions or a writ in nature of mandamus commanding upon the respondents to provide all the three increments with consequential benefits after setting aside the impugned order of punishment and entire arrear should be calculated and paid to the petitioner along with interest.

(iv) For any other consequential relief or reliefs to which the petitioner is duly entitled in the eyes of law considering the facts and circumstances of the case.”

Arguments of the Petitioner

3. Petitioner is a member of Jharkhand State Administrative Service and presently working as Director National Employment Programme at Jamshedpur. The allegations in the present case relate to the period 2005-06 when the petitioner was posted at Chandwa Block of the Latehar District. While giving the sequence of events, and referring to the writ petition, the learned counsel for the petitioner submits as under:

(a) 22.02.2005 (Annexure-2) - The petitioner while posted as B.D.O. Chandwa has given in writing to Mr. Mahesh Mochi working at the relevant time as Nazir, Chandwa Block vide letter no. 28(II) dated 22.02.2005 directing the Nazir to make the entry in the cash book at the appropriate time since the said was not done by him earlier and petitioner had also indicated in the aforesaid letter that the general cash book which disclosed the entries made, is not proper and therefore the concerned Nazir was directed to make proper entry and keep the cash book better.

(b) 31.03.2006 (Annexure-3) - Vide Letter No. 23(I) the petitioner had written to the then Nazir, Chandwa Block, categorically stating that there are errors in the different pages of the cash book and accordingly the then Nazir was directed to rectify the gross negligence on his part by correcting the concerned pages and making the entry properly in detail. The said letter was issued as a show cause asking the Nazir to reply immediately.

(c) 31.03.2006 - Vide letter no. 24(I) dated 31.03.2006, the Petitioner also wrote to the then Deputy Commissioner, Latehar, bringing into his knowledge the clerical mistake in the cash book due to the gross negligence of Nazir and giving details of irregularity committed by the Nazir, and had requested to transfer him. A copy of the said letter was also given to the Deputy Development Commissioner, Latehar.

(d) 22.01.2007 (Annexure-4) - The Petitioner was transferred from B.D.O. Chandwa to B.D.O. Baghmara and accordingly she gave the charge.

(e) Annexure-5 - At the time of handing over the charge, the Petitioner gave the cash book to her successor in which the total balance amount has been shown as 2,92,26,252.03 and the same amount has been shown in the bank account.

(f) 27.07.2007 (Annexure-6) - Audit Team of the Office of the Accountant General conducted audit for Chandwa Block and raised objection in relation to the excess payment/misappropriation of Rs. 5,60,000/- for which the Audit Compliance R