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HIGH COURT OF JHARKHAND
HON'BLE DR. JUSTICE S. N. PATHAK
LAKSHMAN RAM – Appellant
Versus
ROAD CONSTRUCTION – Respondent
WPC/397/2014
PUBLIC SERVICE - DISCIPLINARY PROCEEDINGS - PUNISHMENT - JUDICIAL REVIEW - SCOPE - DEPARTMENTAL PROCEEDINGS - EXONERATION IN CRIMINAL CASE - NO BEARING - MACP - DENIAL DURING PUNISHMENT PERIOD - VALID
Fact of the Case:
The petitioner, a government employee, was found guilty of charges in a departmental proceeding and was punished with reduction in pay and recovery of a certain amount. He also challenged the denial of MACP benefits during the period of punishment.
Finding of the Court:
The court held that the departmental proceedings were conducted fairly and the charges against the petitioner were proved. The court also held that the petitioner was not entitled to MACP benefits during the period of punishment.
Issues: 1. Whether the departmental proceedings were conducted fairly and the charges against the petitioner were proved?2. Whether the petitioner was entitled to MACP benefits during the period of punishment?
Ratio Decidendi: 1. The court held that the departmental proceedings were conducted fairly and the charges against the petitioner were proved, as he was provided ample opportunity to defend himself and the enquiry report was annexed to the second show cause notice.2. The court held that the petitioner was not entitled to MACP benefits during the period of punishment, as per the relevant rules and guidelines.
Final Decision: The court dismissed the writ petitions filed by the petitioner.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 7175 of 2013
Lakshman Ram
…
Petitioner
Versus
1.
The State of Jharkhand through the Chief Secretary, Project Building,
Dhurwa, Ranchi
2.
Principal Secretary to the Government, Road Construction Department,
Government of Jharkhand, Project Building, Dhurwa, Ranchi
3.
Deputy Secretary to the Government, Road Construction Department,
Government of Jharkhand, Project Building, Dhurwa, Ranchi
4.
Mrs. Rajbala Verma, the then Principal Secretary, Food, Public
Distribution & Consumer Affairs Department, Government of
Jharkhand, Project Building, Dhurwa, Ranchi and presently Principal
Secretary, Road Construction Department, Ranchi
... .. Respondents
with
W.P.(S) No. 397 of 2014
Lakshman Ram
…
Petitioner
Versus
1.
The State of Jharkhand through the Chief Secretary, Project Building,
Dhurwa, Ranchi
2.
The Principal Secretary, Road Construction Department, Government of
Jharkhand, Project Building, Dhurwa, Ranchi
... .. Respondents
------
CORAM: HON'BLE DR. JUSTICE S. N. PATHAK
-----
For Petitioners
: Mr. A.K. Sahani, Advocate
For Respondents
: Mr. Rahul Saboo, GP-II
Mr. S. Bhaumik, Advocate
------
12/ 02.01.2023 The petitioner in W.P.(S) No.7175 of 2013 has approached this Court
with a prayer for quashing the order as contained in Memo No.8469(s)
2
dated 04.12.2012, whereby and whereunder a punishment of reduction to
the 1st stage of the scale of pay of the original post as well as recovery of
amount to the extent of 1/3rd of Rs.6,94,196/- has been imposed against the
petitioner. The petitioner in W.P.(S) No.397 of 2014 has approached this
Court with a prayer for quashing of the order as contained in Memo
No.12847 (S) dated 12.12.2013, whereby and whereunder the respondent
No.2 rejected the case of the petitioner for grant of MACP w.e.f.
01.09.2008. Further, prayer has been made for a direction upon the
respondents to pay and release the benefits of MACP to the petitioner.
2.
Since petitioner is same & one person in both the writ petitions
and as such, these cases were heard together and disposed of by this
common order.
3.
As per the factual matrix, the petitioner was initially appointed
as Junior Engineer in Public Works Department, Govt. of Bihar in the
month of May, 1976. Thereafter, he was promoted to the post of Assistant
Engineer w.e.f. 1983 itself and further promoted to the post of Executive
Engineer w.e.f. 1993. After bifurcation of the State of Bihar, the services of
the petitioner was allocated to the State of Jharkhand and as such, he joined
in the State of Jharkhand in November, 2004. It is further the case of the
petitioner that he was made In-charge Superintending Engineer in the Road
Construction Department in June, 2008 and in July, 2009, he was posted as
In-charge, Chief Engineer, Road Construction Department, but he was
deputed in Urban Development Department. On 07.12.2009, the
respondents vide Memo No.6212 (s) placed the petitioner under suspension
as per provision of Rule 49(A)(I)(b) of the Civil Services (Classification,
Control and Appeal), Rules, 1930 in the garb of criminal investigation after
institution of First Information Report by the CBI in connection with RC
Case Nos.15(A)/09(R), 16(A)/09(R), 17(A)/09(R), 21(A)/09(R) under
Sections 120B, 420, 467, 468 and 491 of the Indian Penal Code read with
Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act. The Road
Construction Department, Govt. of Jharkhand vide Memo No.6105(s) dated
15.09.2011, revoked the order of suspension of the petitioner on the ground
after enquiry, the CBI did not find criminal involvement of the petitioner in
3
respect of the aforesaid four cases and he was not s
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