Purushottam Kumar Jha vs State of Jharkhand and Others

S.J. Mukhopadhaya, J.—According to petitioner his appointing authority is Joint Registrar of the Co-operative Societies. He was appointed by the Divisional Joint Registrar, Dharbhanga in June, 1996 and joined the post on 10th June, 1996. His services has been placed within the territory of Jharkhand by order issued on 14th November, 2000 in pursuance of which he has joined on 15th February, 2001.

According to him the Registrar Cooperative Societies, Jharkhand has no jurisdiction to suspend him. It is also submitted that as per Section 72(i) of the Bihar Re-organization Act, 2000 the service of petitioner will be treated to be placed under the Government of Jharkhand for a period of one year and since 15th November, 2001 for all purpose officials of the Government of Bihar are the competent authority to take action. It is also alleged that file relating to suspension was routed by staffs/officials who were never posted in the office pf Registrar Co-operative Societies. The file dealt by others. Mala fide has been alleged against Smt. Raj Bala Verma, Registrar Cooperative Societies, Jharkhand, Ranchi. Giving reference to the counter-affidavit it was submitted that he was never given proper opportunity. Neither the charge-sheet was served on him nor he was intimated the date of enquiry. He also relied on the charge framed against the petitioner to suggest that frivolous charges have been framed against him.

In pursuance of Court''s order Smt. Raj Bala Verma, Registrar Co-operative Societies appeared on 28th November, 2002. The respondent has brought to the notice of the Court that the petitioner earlier challenged the present order of suspension dated 10th June, 2002 in W.P.(C) No. 3577/2002 wherein the Court having interfered with the order of suspension, vide order dated 9th September, 2002 allowed the petitioner to withdraw the writ petition to approach the competent authority. The writ petition was dismissed as withdrawn.

It is further stated that charge-sheet has already been issued and departmental proceeding has been started but the petitioner did not choose to appear in the proceeding. The enquiry officer has submitted an ex parte report of which copy has been forwarded to the petitioner to submit second show-cause reply, The petitioner on receipt of the second show-cause notice has requested vide his letter dated 9th September, 2002 to supply him a copy of the charge-sheet.

Having regard to the facts and circumstances, this Court having not interfered with the order of suspension in the earlier writ petitioner preferred by petitioner and in the departmental proceeding second show-cause having already been issued, I am not inclined to interfere with the order of suspension. The petitioner may take all the plea in his reply before the competent authority, I find no merit in the writ petition.

The writ petition is dismissed.