##PAGE1##

2026:JHHC:3319

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 4579 of 2019

Manoj Kumar Jha, aged 51 years, son of Anand Chandra Jha, resident of

C-17, Ashok Prushth, Disbdih, P.O. & P.S. - Doranda, District - Ranchi.

... … Petitioner(s)

Versus

1. State of Jharkhand through the Chief Secretary, Government of

Jharkhand, having office at Project Building, Dhurwa, P.O.- Dhurwa, P.S.-

Jagarnathpur, District - Ranchi.

2. Secretary, Department of Rural Development (Rural Works Affairs),

Government of Jharkhand, P.O. -Dhurwa, P.S. -Jagarnathpur, District-

Ranchi.

3. The Engineer-in-Chief, Rural Works Department, P.O. and P.S.-

Doranda, District - Ranchi.

4. The Superintending Engineer, Rural Development Department (Rural

Work Affairs), Works Circle, Hazaribagh, P.O. and P.S.- Hazaribagh,

District -Hazaribagh.

5. The Executive Engineer, Rural Development Department (Rural Work

Affairs), Headquarter Works Division, Koderma, P.O. and P.S.-Koderma,

District - Koderma. ... … Respondent(s)

CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

For the Petitioner(s) : Mr. Arpan Mishra, Advocate

For the Respondent(s) : Mr. Ashwini Bhushan, AC to Sr. SC-II

--------

Order No. 8 /Dated: 29^th January 2026

The instant writ application has been preferred by the

petitioner for the following reliefs:

“(i) For issuance of an appropriate writ in the nature of certiorari or any

other appropriate writ, order or direction for quashing of the punishment

order as contained in Memo No. 611 dated 9.9.2017 (Annexure-6) issued

under the signature of the Superintending Engineer (Respondent No. 4),

whereby and whereunder the petitioner’s pay scale was reduced to the scale

of minimum grade pay scale and further it has been directed to recover the

defalcated amount i.e. Rs. 31,72,570/- from the petitioner by forfeiting 40%

of the salary of the petitioner since September, 2017 till his retirement, if the

complete amount i.e. Rs. 31,72,570/- could not be recovered from the salary,

rest amount will be recovered by forfeiting Gratuity and other allowances.

AND

(ii) For setting aside and quashing of the order dated 9.5.2019 as contained

1

2026:JHHC:3319

in Memo No. 1501 issued under the signature of the Respondent No. 2

(Annexure-10); whereby the petitioner’s departmental appeal was rejected

and was not considered.

AND

(iii) The petitioner further prays that he be reinstated forthwith to his

original pay scale, he shall be granted his salary and other service benefits

and allowances alongwith subsistence allowance, which is due since

21.4.2015 to 2.10.2016 and to pay the pending due amount with cumulative

interest alongwith exemplary cost.

AND/OR

(iv) For issuance of such other writ, order or direction as Your Lordships

may deem fit and proper for doing conscionable justice to the petitioner.”

2. Briefly stated, the petitioner is working as a Tracer, a Grade-

III employee, since 1994 in the respondent department. On 10.04.2015, a

show-cause notice was issued to the petitioner to which he replied on

18.04.2015 giving detailed explanation regarding the allegation made

against him. He was suspended on 21.04.2015 for the reason that he did

not submit his charge to Sri Baleshwar, Clerk, Ramgarh Division and he

was further directed through the notice published in daily newspaper to

appear before the Executive Engineer, Koderma on 15.12.2015. Pursuant

to which the petitioner made representation before the Executive Engineer

through Speed Post on 09.12.2015 and appeared before the concerned

official where he was provided charge-sheet (Prapatra-Ka) dated

15.12.2015.

A departmental proceeding was conducted; however, due to

non-supply of a copy of the enquiry report, the petitioner did not get

opportunity to go through the enquiry report and to determine that whether

his defense taken before the departmental proceeding was considered in its

true spirt or not or whether on which ground the petitioner was

recommended for punishment in the order of punishment dated 09.09.2017.

The petitioner also preferred an appeal against the said order wh