IMPORTANT POINT
Departmental proceedings can continue post-retirement, and acquittal in a criminal case does not exonerate an employee from departmental charges based on the same facts.

JUDGMENT :

Rajesh Shankar, J.

The present writ petition has been filed for quashing the order as contained in memo no. 1605 dated 03.06.2022 (Annexure-15 to the writ petition) issued under the signature of the respondent no. 2 – the Secretary, Department of Schedule Tribe, Schedule Caste, Minority and Backward Class Welfare, Government of Jharkhand, whereby the punishment of recovery of Rs.5,06,500/- from the amount of gratuity of petitioner, as imposed vide departmental order no. 1764 dated 12.06.2015, has been upheld with further observation that nothing would be payable to the petitioner except the subsistence allowance for the period of suspension i.e., from 27.02.2013 to 20.03.2013. Further prayer has been made for quashing the order as contained in memo no. 1005 dated 01.04.2021 (Annexure-14 to the writ petition) issued by the respondent no. 2 in pursuance of the order dated 10.11.2020 passed in W.P.(S) No. 4762 of 2015, whereby the previous punishment imposed vide departmental order no. 1764 dated 12.06.2015 and order no. 2208 dated 20.07.2015 was upheld. The petitioner has also prayed for issuance of direction upon the concerned respondents to refund Rs.5,06,500/- along with statutory interest to the petitioner which has been recovered from his amount of gratuity.

2. Learned counsel for the petitioner submits that the petitioner was posted as Block Welfare Officer in Madhupur, Deoghar and was transferred on 12.02.2013 (relieved on 12.02.2013 afternoon) to the District Welfare Office, Ranchi. After transfer of the petitioner, a teacher of Upgraded Middle School, Kogdo namely, Tulsi Yadav was caught along with another person namely, Binod Sharma selling the cycles on 16.02.2013 provided by the Scheduled Tribe, Scheduled Caste, Minority and Backward Class Welfare Department, Government of Jharkhand for free of cost distribution among the students of Scheduled Caste and Scheduled Tribe, which were kept in the store room situated within the premises of Madhupur Block. Thereafter, on the written report of the Block Development Officer, Madhupur, an FIR being Madhupur P.S. Case No. 34 of 2013 was registered for the said incident under Sections 409/420/34 of IPC against Tulsi Yadav and Binod Sharma. After the investigation, the chargesheet was filed in the said case against the petitioner and Tulsi Yadav under Sections 409/420/467/468/471/120B/34 of the IPC. Subsequently, a departmental proceeding was initiated against the petitioner vide order as contained in memo no. 1995 dated 26.08.2014 issued by the respondent no. 3 – the Deputy Secretary, Scheduled Tribe, Scheduled Caste, Minority and Backward Class Welfare Department, Government of Jharkhand, Ranchi and the respondent no. 4 – the Deputy Development Commissioner, Deoghar was appointed as conducting officer whereas the respondent no. 5 – the District Welfare Officer, Deoghar was appointed as presenting officer.

3. The petitioner was issued memo of charge in “Prapatra-Ka” alleging that he was the custodian of 407 cycles kept in the store room of the Welfare Department and at the time of getting relieved from the post of Block Welfare Officer, Madhupur, he did not handover the charge of the cycle store room to any competent officer, rather he handed over the key of the said store room to his associate Tulsi Yadav, who was caught selling those cycles in the local market on 16.02.2013. It was also alleged that the petitioner had given the key to Tulsi Yadav without obtaining written permission of any competent authority, which clearly showed negligence and dereliction of duty on his part due to which the said Tulsi Yadav taking advantage of the situation, illegally sold all 407 cycles.

4. It is further submitted that the petitioner has been acquitted in the criminal case being Madhupur P.S Case No. 34 of 2013, corresponding to G.R No. 95 of 2013 (T.R. No. 285 of 2018), vide judgment dated 09.04.2018 passed by the Sub-Divisional Judicial Magistrate, Madhupur. The petitioner submitt