Rajesh Kumar, S/o Late Harihar Mahto v. State of Jharkhand, through the Chief Secretary, Government of Jharkhand
2025-10-06
ANANDA SEN
body2025
DigiLaw.ai
JUDGMENT : ANANDA SEN, J. 1. Heard learned counsel representing the petitioner and learned counsel representing the respondents. 2. In this writ petition, the petitioner is aggrieved by the Resolution as contained in Memo No.5/Aarop-1-138/2017-580 (HRMS)/Ranchi, dated 29.01.2020 (Annexure-7 to the writ petition), whereby the punishment has been inflicted upon the petitioner. He is also aggrieved by the Appellate Order as contained in Resolution bearing Memo No.5/Aarop-1-138/2017-1122 (HRMS)/Ranchi, dated 02.02.2021 (Annexure-10 to the writ petition), whereby the Appeal of the petitioner was dismissed. 3. Be it noted that the petitioner has been inflicted with the punishment of stoppage of two increments with non-cumulative effect, which is in fact a minor punishment. 4. The petitioner was the Circle Officer of Mohanpur Block, Deoghar. In the said Block, some shop rooms at Rikhia Bazar, were constructed and it is alleged that three shop rooms were allotted to the members of the same family. 4.1. The petitioner was directed to submit a report in relation to the aforesaid three shop rooms. 4.2. The petitioner in his letter/report, had not even whispered about the relationship between the parties and knowing fully well that they were related to each other and belong to the same family, had recommended for rent fixation. 4.3. Thereafter, the Sub-Divisional Officer, Deoghar, acted upon the recommendation of the petitioner and had settled the shops in their name on an annual rent of Rs.1,400/-. 5. Learned counsel representing the petitioner submits that the petitioner has not allotted any shop rooms, rather the rent fixation and allotment was done by the Sub-Divisional Officer. He submits that the petitioner had only informed the fact that these shop rooms were in possession of three persons namely Kailash Chandra Rao, Pushpa Devi and Manju Devi, and no rent has been fixed. The petitioner had recommended for fixation of rent. He further submits that the Sub-Divisional Officer, Deoghar, has settled the shop rooms to the above named three persons. 6. Learned counsel representing the respondent-State submits that the petitioner was the Circle Officer and his duty was to bring to the notice of the higher officials that all these three persons belong to the same family and were illegally occupying those shop rooms. 7. From the records, I find that the three shop rooms which were constructed by the Government, were initially in illegal occupation of Kailash Chandra Rao, Pushpa Devi and Manju Devi.
7. From the records, I find that the three shop rooms which were constructed by the Government, were initially in illegal occupation of Kailash Chandra Rao, Pushpa Devi and Manju Devi. Pushpa Devi is none but the daughter of Kailash Chandra Rao and Manju Devi is the wife of Kailash Chandra Rao. 7.1. Admittedly, in the recommendation of the petitioner, wherein he had recommended for fixation of rent, he had not intimated the higher officials about the relationship of these persons. If the petitioner would have been diligent, the allotment would not have been made in favour of these three persons who are of the same family. Non-disclosure of the same by the petitioner led to this settlement. It was the duty of the petitioner to disclose the same, which he failed to perform. 7.2. A show cause notice was issued to the petitioner and he replied the same, which was considered and thereafter the impugned order was passed. Since the punishment is a minor punishment, it is not necessary to conduct a regular departmental enquiry. Since the intention of the employer was not to inflict any major punishment, the second show cause notice was also not issued as the same was not necessary. 7.3. The action of the petitioner cannot be said to be above board, thus he has been rightly inflicted with the punishment of stoppage of two increments with non-cumulative effect. The punishment is also not harsh, rather it commensurate with the misconduct of the petitioner. Thus, I am not inclined to entertain this writ petition. 8. Accordingly, this writ petition stands dismissed.