Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 2679 of 2025
--------- Sushil Kumar, aged about 61 years, son of Late Krishna Chandra Prasad, resident of 302, Green Field Imperia, Sita Compound, Overbridge, Ρ.Ο. Doranda P.S. Chutia District - Ranchi.
....Petitioner
Versus 1.State of Jharkhand.
2. The Secretary, Department of Agriculture, Animal Husbandry & Co-operative, Government of Jharkhand, having its office at Nepal House, Doranda, P.O. & P.S. Doranda, District - Ranchi.
3. The Registrar, Co-operative Societies, Jharkhand having its office at Pashupalan Bhawan, Hesag, P.O. & P.S. Dhurwa, District - Ranchi.
4. The Additional Secretary, Department of Agriculture, Animal Husbandry & Co-operative, Government of Jharkhand, having its office at Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.
....Respondents
---------
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------- For the Petitioner : Mr. Abhinay Kumar, Adv. For the Resp.-State : Mr. Vishal Kr. Rai, A.C. to G.A.-IV
--------- 2/28.07.2025
The instant writ application has been preferred by the petitioner for the following reliefs;
1. That by way of the instant writ petition prays for issuance of an appropriate writ, order or direction in the nature of certiorari for quashing of Memo No. 251 dated 27.2.2024 (Annexure-4), whereby and whereunder the proceeding claimed to be pending against the petitioner has been converted into a proceeding under Rule-43(b) of the Jharkhand Pension Rules. AND/OR For issuance of such other writ, order or direction as may appear just and proper for doing conscionable justice to the petitioners and in the interest of justice.
2.
Learned counsel for the petitioner submits that though the charge-sheet was served against this petitioner way back in the year 2018 vide charge-sheet dated 16.08.2018; however, till the date of retirement of this petitioner who stood superannuated on 31.01.2024, the departmental proceeding has not been concluded. He further submits that
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after his superannuation the respondent has converted pending proceeding under 43(b) of Jharkhand Pension Rules.
He contended that this is nothing but a harassment of this petitioner and the respondent could have easily disposed of the entire proceedings within a time frame but only in
order to harass this petitioner, they are lingering the matter. The petitioner is a senior citizen; as such, either the entire proceeding be quashed and set aside or at least, the respondents be directed to conclude the proceedings within a stipulated period.
3.
Learned counsel for the petitioner has also contended that in this case the enquiry officer has exonerated this petitioner, however for the reason bast known to them; the disciplinary authority is sitting tight over the matter.
4.
Learned counsel for the respondent though oppose the prayer of the petitioner to quash the entire proceeding, however, he is not able to answer as to why the delay in concluding the departmental proceeding.
5. Having regard to the aforesaid facts and circumstances of the case, admittedly the charge-sheet has been served to the petitioner on 16.08.2018. It also appears from record that the enquiry officer has exonerated the petitioner from the charges levelled against him; however, for the reasons bast known to the respondents, the disciplinary authority has not concluded the proceeding.
Though, it is an example of grave harassment of a retired employee by the employer; however, without commenting upon the delay at this stage, interest of justice would be sufficed by directing the concerned disciplinary authority to conclude the disciplinary proceeding within a stipulated time.
6. Accordingly, the 3rd respondent is directed to conclude
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the disciplinary proceedings within a period of 8 weeks from the date of receipt/production of copy of this order; failing which it would be deemed that they don’t want to proceed this matter and the pending proceedings shall stand abated.
7. Accordingly, the instant writ application stands
disposed of in the aforesaid terms. Pending I.A., if any, also stands disposed of.
(Deepak Roshan, J.) Amardeep/-