Vague charges in disciplinary proceedings do not provide a fair opportunity for the accused to defend themselves.

ORDER :

Sanjaya Kumar Mishra, J.

1. The appellants-State of Jharkhand through its Chief Secretary and others have assailed the judgment passed by the learned Single Judge on 16.06.2021 in W.P.(S) No. 363 of 2020 whereby, the application filed by the petitioner-respondent was allowed and an order was passed to the effect that the punishment awarded to the petitioner is non-est in the eyes of law and was quashed. A further direction was given that the ad hoc promotion given to the petitioner shall be regularized with effect from 06.07.2015. By filing the aforesaid writ application, the petitioner, in fact, approached the Court for the second time.

2. The facts of the case may be narrated in the following chronological order:

On 20.06.2006, the petitioner was appointed to the post of Deputy Collector by the Department of Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand. On 22.06.2010, respondent No.5 vide letter of the said date relieved the petitioner from the charge of the Circle Officer, Sadar, Hazaribagh to the Department of Personnel, Administrative Reforms and Rajbhasa. On 02.07.2010, respondent no. 5 recommended for initiation of a departmental proceeding against the petitioner. On 16.07.2010, respondent no. 5 vide letter of the said date reverted back the services of the petitioner to the post of Circle Officer, Sadar Hazaribagh. On 29.09.2010, the respondent issued a show cause notice to the petitioner. On 06.08.2013 after a gap of almost three years the respondent asked the petitioner to file her show cause. The petitioner filed her show cause on 06.09.2013 putting forth her defence in the departmental proceeding. On 28.04.2017 a departmental proceeding was initiated. On 15.05.2017, the petitioner appeared before the Enquiry Officer and filed her reply. The Enquiry Officer submitted his report and exonerated the petitioner from two charges out of 3 and held her guilty of charge no. 3. On 02.01.2018 a second show cause notice was issued against the petitioner directing her to file reply. On 16.03.2018, the petitioner submitted her reply against second show cause. On 29.11.2018, the respondents have passed the order of punishment of withholding three increments without cumulative effect. On 11.09.2018, the petitioner had approached this Court by filing W.P.(S) No. 584 of 2018 for grant of promotion and this Court vide its order dated 11.09.2018 directed the respondents to hold a fresh meeting of the Departmental Promotion Committee for consideration of the case of the petitioner for promotion, preferably within a period of three months from the date of the order and further directed that if the petitioner is found fit for promotion, the same shall be considered and granted to the petitioner from the date, her juniors have been granted promotion with all consequential benefits. After such order, the meeting of the Departmental Promotion Committee was held on 25.04.2019 and the promotion of the petitioner was kept on hold citing with the currency of punishment inflicted upon the petitioner on 29.11.2018. The First Departmental Promotion Committee was held in the year 2015 and the case of the petitioner was not considered on the ground that the A.C.R.(s) of the petitioner were not available. It is submitted that it is not the fault of the petitioner that the A.C.R.s were not submitted by the reporting authority. Thus, it is clear that after the order was passed in earlier application, though her case was considered for promotion but, she was not granted promotion, so the present writ application has been filed, judgment of which is impugned before us with two prayers; firstly, the petitioner prayed that the punishment awarded to her in the departmental proceeding be set aside and the consequential benefits of promotion be extended to her.

The learned Single Judge took into consideration the materials available before him and came to the conclusion that the punishment of withholding three increments only for