JUDGMENT :

The present writ petition has been filed for quashing and setting aside the order as contained in notification no. 04/Aa.Vi-01-1011/2017-5133 dated 23.12.2022 (Annexure-8 to the writ petition) issued under the signature of the Joint Secretary, Department of Drinking Water and Sanitation, Government of Jharkhand (the respondent no. 2) whereby penalty of deduction of 10% of the petitioner’s pension amount for five years has been imposed under Section 43(b) of the Jharkhand Pension Rules, 2000 (in short, “the Rules, 2000”).

2. Learned counsel for the petitioner submits that the petitioner was appointed as Assistant Engineer in the Public Health and Engineering Department (now Department of Drinking Water and Sanitation) on 15.07.1987 in the unified State of Bihar. He was promoted to the post of Executive Engineer in the year 2005 and to the post of Superintending Engineer in the year 2018. Subsequently, he retired on 30.11.2019 from the post of Superintending Engineer, Department of Drinking Water and Sanitation, Urban Circle, Ranchi.

3. It is further submitted that while the petitioner was holding the post of Executive Engineer, Drinking Water and Sanitation, Division No. 1, Giridih in the year 2013-14, agreements were entered between him and 18 different contractors for executing the work of relocation of 695 Drilled Tube Wells in Giridih Division for which work orders to the tune of Rs.335.66686 Lakhs were issued whereas the sanctioned amount for the said entire projects was Rs.329.16590 Lakhs. When the payment was not being made to one of the contractors namely M/s. Sayeed Akhtar for executing the said work with respect of 25 tube wells, he filed a writ petition before this Court being W.P.(C) No. 4068 of 2016 which was disposed of vide order dated 08.08.2016 with a direction to the respondent authorities to consider the claim of the petitioner of the said case i.e., the contractor, and to take a final decision. Accordingly, the decision was taken by the concerned authority vide order as contained in memo no. 872 dated 06.06.2017 holding that the present petitioner was responsible for excess financial burden and ordered him to make payment of Rs.5,94,745/- from his own pocket. Aggrieved with the said decision, the petitioner filed writ petition before this Court being W.P.(S) No. 5807 of 2017 which was allowed vide order dated 03.07.2018 setting aside the order dated 06.06.2017, however liberty was granted to the respondents of the said case to proceed in accordance with law framing a fresh memo of charges by initiating a regular departmental proceeding.

4. Accordingly, a regular department proceeding was initiated against the petitioner by framing three charges against him specifically alleging that he entered into agreements with contractors for higher amount than what was sanctioned and the same was recoverable from him. The memo of charges was served to the petitioner vide memo no. 191 dated 10.01.2019. The petitioner submitted his reply before inquiry officer on 14.02.2019 denying all the charges levelled against him. The inquiry officer, vide letter no. 42/2019-92(Anu) dated 30.08.2019, submitted the enquiry report to the Secretary, Department of Drinking Water and Sanitation, Government of Jharkhand stating that all the charges levelled against the petitioner were not found proved.

5. It is further submitted that the disciplinary authority was not satisfied with the said enquiry report and vide letter no. 1759 dated 21.08.2020, directed the inquiry officer to submit another inquiry report. Accordingly, the inquiry officer, vide letter no. 42/2019-383 (Anu) dated 24.12.2020, again submitted the inquiry report to the Deputy Secretary, Department of Drinking Water and Sanitation, Government of Jharkhand (the respondent no. 3) finding the charges not proved against the petitioner. However, on this occasion, the disciplinary authority, vide letter no. 4234 dated 18.10.2022, issued second show cause notice to the petit