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2020 DIGILAW 327 (JHR)

Kameshwar Prasad Pandey, son of Sri Ram Nanandan Pandey v. State of Jharkhand

2020-02-17

RAVI RANJAN, SUJIT NARAYAN PRASAD

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ORDER : Per Dr. Ravi Ranjan, J. Shri Jata Shankar Chaudhary, Director, Secondary Education, Shri Ram Yatan Ram, Deputy Director, Secondary Education and Shri Ram Prasad Mandal, District Education Officer, Garhwa are present in the Court. 2. The Director, Secondary Education, has stated before us that there is no evidence on record that notice was served upon the writ petitioner before imposing the minor punishment. However, at the same time, it is stated that against 14 persons such action was taken and out of them barring the writ petitioner, all the 13 persons have filed their reply and thereafter action was taken accordingly, whereas it appears that the writ petitioner is evading the reply. 3. In our view, the aforesaid submission would be of no consequence if it is an admitted position that no show cause notice was served upon the writ petitioner as even for imposition of minor punishment, a show cause notice is required to be issued and not only that, consideration of reply to the show cause notice is also required to be made, as per Rule 19 of the Jharkhand Government Servants (Classification, Control & Appeal) Rules, 2016 and the issue raised would be required to be considered by the concerned disciplinary authority. That having not been done, in our view the impugned decision taken by the respondents-authorities suffers from the vice of arbitrariness and not adhering to the principles of audi alteram partem, and, thus, cannot be allowed to be sustained. 4. Accordingly, the punishment order dated 02.08.2017 is hereby quashed and set aside. The impugned order dated 30.11.2017 passed by the learned Single Judge in W.P.(S) No.4778 of 2017 is also quashed and set aside. 5. The matter is remanded to the respondent no.4-District Education Officer-Garhwa for fresh consideration. Since a copy of the show cause notice has been brought on record as annexure-B to the counter affidavit filed in this appeal, let that be considered to be service of notice upon the writ petitioner-appellant. Let him respond to that by filing reply within a period of four weeks from today. Since a copy of the show cause notice has been brought on record as annexure-B to the counter affidavit filed in this appeal, let that be considered to be service of notice upon the writ petitioner-appellant. Let him respond to that by filing reply within a period of four weeks from today. Thereafter, let a decision be taken by the concerned authority on its own merit and in accordance with law but after considering the points raised by the writ petitioner in the reply to the show cause notice within a further period of two weeks after receipt of such reply filed by the writ petitioner. 6. This is made clear that in case the writ petitioner fails to submit any reply within the time granted by this Court, then the respondent no.4 would be at liberty to proceed ex-parte also. 7. Learned counsel for the writ petitioner has submitted that the writ petitioner will appear before the District Education Officer, Garhwa on 16.03.2020. Let him do so. 8. So far, second part of the impugned order regarding transfer of the writ petitioner from Jhagarakhand to Bhandaria is concerned, as the writ petitioner-appellant has joined the transferred place, the said joining would be subject to the result of the final decision which would be taken by respondent no. 4-District Education Officer, Garhwa. 9. In the result, this appeal stands allowed to the extent, as indicated above.