JUDGMENT :

The present writ petition has been filed for quashing the order as contained in memo No. 8280 (S) dated 29.11.2012 issued by the Engineer-in-Chief, Road Construction Department, Jharkhand, Ranchi (respondent no.4) whereby while disposing of the departmental proceeding conducted against the petitioner, two major punishments have been imposed upon him, one of which is reduction of pay to his minimum basic pay scale and the other is recovery of 1/3rd of the amount paid in irregular manner. It has also been mentioned in the said order that payment of salary disbursed during the suspension period of the petitioner will be confined to subsistence allowance already paid, however period of suspension will not be considered as break of service for calculating his pension. Further prayer has been made for quashing the order as contained in memo no. 8644(S) dated 21.09.2013 issued under the signature of the Deputy Secretary to the Government, Road Construction Department, Jharkhand (respondent no.3) whereby the appeal preferred by the petitioner against the order dated 29.11.2012 passed by the disciplinary authority i.e., the respondent no. 4, has been rejected.

2. The factual background of the case as stated in the writ petition is that pursuant to order dated 30.06.2009 passed in W.P.(PIL) No. 803/2009, the Central Bureau of Investigation (CBI) conducted investigation in the matter of alleged large scale irregularities and embezzlement committed by the private contractors as well as public servants of the Road Construction Department with respect to purported procurement of bitumen for construction of roads in the State of Jharkhand. After the preliminary inquiry being PE 03(A)/09-R, the C.B.I./ACB/ Ranchi lodged an F.I.R. being R.C. Case No. 18(A)/2009(R) under Sections 120B,420,467,468 and 471 IPC and Sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 against Sri Sone Lal Das, the then Executive Engineer, Road Construction Department, Road Division, Hazaribag, M/S Gajo Prasad Mehta (contractor), village- Bangawan, Hazaribagh and other unknown alleging that during the period 2005-06, Sri Sone Lal Das entered into criminal conspiracy with Sri Gajo Prasad Mehta- Proprietor of M/S Gajo Prasad Mehta and other unknown and in furtherence thereof, the said contractor submitted false/bogus invoices showing procurement of bitumen for execution of the contractual work awarded in its favour vide agreement no. 09F2/05-06 concerning surface renewal of “Khorhar-Gouria-Karma Road” (Km 0 to 5) causing wrongful gain to it and corresponding wrongful loss to the Government of Jharkhand.

3. At the relevant point of time, the petitioner was posted as Junior Engineer, Road Construction Department, Road Division, Hazaribag under Sri Sone Lal Das. The CBI submitted charge-sheet no. 05/2010 dated 27.10.2010 under sections 120B read with Sections 420, 468, 471 of the Indian Penal Code and Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988 against the accused persons including the petitioner, however did not choose to submit charge- sheet against Sri Sone Lal Das, the then Executive Engineer, Road Construction Department, Road Division, Hazaribag who was named in the F.I.R. being R.C.Case No. 18(A)/2009 (R) lodged by the C.B.I. in compliance of the order dated 30.06.2009 passed in W.P. (PIL) No. 803 of 2009.

4. After submission of the chargesheet in the said criminal case, the petitioner was put under suspension vide memo no. 7174 (S) dated 7.12.2010 and a departmental proceeding was initiated against him vide office order no. 307 dated 31.10.2011, copy of which was communicated to the petitioner vide memo No.7264 (S) dated 31.10.2011 issued under the signature of the respondent no.4 wherein Sri Satyendra Singh, Secretary, Department of Information and Technology, Government of Jharkhand, Ranchi was appointed as the Conducting Officer and Section Officer, Section-4 of the Road Construction Departm