IMPORTANT POINT
The jurisdiction of a state to impose disciplinary actions on an employee ceases once the employee is allocated to another state, and any disciplinary proceedings must adhere to statutory time limits to be valid.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This Writ Petition has been filed under Article 226 of the Constitution of India with a prayer for issuance of writ(s), order(s) or direction(s) in the nature of certiorari for quashing the letter Order contained in Memo No.2374 dated 19.06.2021 (Annexure-6) issued under the signature of respondent no.2 whereby and where under, the review petition submitted by the petitioner as against the order dated 10.12.2020 in relation to deduction of 5% pension for 1 year and payment of subsistence allowance during the period of suspension has been rejected. Further, prayer has also been made for issuance of writ(s), order(s) or direction(s) for quashing the order contained in Memo No.6320 dated 10.12.2020, a copy of which has been kept at Annexure-5, issued under the signature of respondent no.2 whereby and where under, in a departmental proceeding initiated against the petitioner by the State of Bihar by serving a Memo of Charge dated 08.09.1997, disagreement to the finding of the Enquiry Officer has been recorded by the State of Bihar vide letter contained in Memo No.5739 dated 29.11.2016 and the same has been converted into a proceeding under Section 43 (b) of the Jharkhand Pension Rules by the State of Jharkhand and a decision has been taken to impose deduction of 5% of pension for one year and for payment of subsistence allowance only during the period of suspension. The third prayer has also been made to issue writ(s), order(s) or direction(s) and declaration to the extent that the second show cause issued to the petitioner vide letter contained in Memo No.5739 dated 29.11.2016, a copy of which has been kept at Annexure-2, issued by the respondent-Bihar is without authority and jurisdiction in view of the fact that under the Bihar Reorganization Act, the petitioner had been allocated the cadre of State of Jharkhand vide Notification dated 29.07.2004 hence, the Bihar authorities were without jurisdiction to continue with the departmental proceeding and consequential relief.

3. Learned counsel for the petitioner submits that though several prayers has been made, the petitioner confines his prayer to the portion of the order dated 10.12.2020 in relation to the deduction of 5% of pension for one year.

4. The brief fact of the case is that the petitioner was appointed on the post of Assistant Engineer on 25.11.1979. It was alleged that when the petitioner was posted as Assistant Engineer, Tube Well Construction Division, Gopalganj, there had been an advance of Rs.13,100/- and Rs.39,600/- lying in the name of the petitioner. The petitioner in contemplation of the departmental proceeding was put under suspension vide notification contained in Memo No. 924 dated 08.09.1997. The proceeding was initiated. The petitioner filed C.W.J.C. No. 5907 of 1999. The suspension of the petitioner was revoked. The enquiry officer found the charges levelled against the petitioner as not proved and the enquiry report was not served upon the petitioner. In the departmental proceeding, the petitioner vide notification dated 08.10.2001 was imposed punishment of stoppage of two increment with cumulative effect and also for payment of subsistence allowance during the suspension period. Since no enquiry report or second show cause notice was issued to the petitioner, the petitioner moved before the Hon’ble Patna High Court in C.W.J.C. No. 11523 of 2004. In terms of Bihar Reorganization Act, the services of the petitioner was allocated to the State of Jharkhand vide notification dated 29.07.2004 whereupon the petitioner continued in the State of Jharkhand. The Hon’ble Patna High Court vide order dated 11.03.2011 in C.W.J.C. No.11523 of 2004 quashed the order of punishment dated 07.03.2003 with a further direction upon the respondent to provide an enquiry report to this writ petitioner and that departmental proceeding will start from the stage of furnishing enquiry report and must conclude within six months