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Jharkhand High Court · body

2008 DIGILAW 945 (JHR)

Surendra Paswan v. State of Jharkhand

2008-08-14

R.R.PRASAD

body2008
Order The petitioner was initially an employee of Bihar Panchayati Raj Financial Corporation Limited, under Administrative Control of the Rural Development Department, but in course of time, the Corporation became sick as a result of which, its employees could not be paid their salaries for months together and hence the Government of Bihar took a decision to adjust all Grades-III & IV employees of the Corporation in the offices of different District Rural Development Authorities. 2. Pursuant to that decision, the petitioner was deputed on 7.12.1998 initially for six months to the office of District Rural Development Authority, Bokaro as Accountant/Account Clerk. The said decision having been approved by the Managing Committee of District Rural Development Authority, Bokaro, the petitioner was allowed to join on the post of Account Clerk. 3. In course of time, the Rural Development Department, Government of Bihar took a decision to put an end of six months barrier and instead of that, it was decided that there shall be no fix period of deputation and the said decision, as contained in Letter No. 7074 dated 2.7.1999 was communicated to all Deputy Commissioners-cum-Managing Director of all District Rural Development Authorities and pursuant to that, the District Rural Development Authority, Bokaro in its meeting held on 9.8.1999 under the Chairmanship of Deputy Commissioner, Bokaro extended the deputation of the petitioner till further orders. After sometime, the Chief Secretary, State of Jharkhand, sent a letter to all Deputy Commissioners of the State of Jharkhand vide Letter No. 1001 dated 18.2.2006 (Annexure-4) intimating therein that they should not relieve any employee who is working under deputation without taking consent of the Controlling Department, but the Deputy Commissioner. Bokaro vide his letter, as contained in Memo No. 3299 dated 18.10.2007 (Annexure-5) relieved the petitioner from the office of District Rural Development Authority, Bokaro for giving his joining at Rural Development Department, Government of Jharkhand which order is under challenge before this Court. 4. In the counter affidavit, respondent no. 3, the Deputy Commissioner, Bokaro, has taken stand that as the petitioner under Letter No. 3760 dated 28.11.1998 had been deputed on temporary basis with an stipulation that such deputation can be abolished at any time without assigning any reason and as such the order of deputation was annulled and the petitioner was relieved for joining in the Rural Development Department Jharkhand, Ranchi. 5. 5. Having heard learned counsel appearing for the parties, it does appear that the Managing Committee of District Rural Development Authority, Bokaro having accepted the deputation of the petitioner allowed him to join on the post of Account Clerk initially for the period of six months but subsequently pursuant to decision taken by the Rural Development Department, Government of Bihar on 2.7.1999 (Annexure-2) freezing the stipulated period of deputation of six months, the Committee in its meeting held on 9.8.1999 under the Chairmanship of Deputy Commissioner, Bokaro extended the period of deputation of the petitioner till further orders. Subsequently, the Chief Secretary under his Letter No. 1001 dated 23.2.2006 (Annexure-4) directed all the Deputy Commissioners of State of Jharkhand not to relieve any employee working under deputation. without consent of the Controlling Department, but the Deputy Commissioner, Bokaro, respondent no. 3, ignoring all the directions and instructions relieved the petitioner from his own level not under the decision taken by the Committee and hence the impugned order, as contained in Memo No. 3299 dated 18.10.2007 (Annexure-5) is hereby quashed. 6. In the result, this application is allowed.