Mr. Diwakar Upadhyay vs Unknown
2024 Latest Caselaw 785 Jhar

Jharkhand High Court

Mr. Diwakar Upadhyay vs Unknown on 23 January, 2024

Author: Rajesh Shankar

Bench: Rajesh Shankar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                       W.P.(S) No. 7251 of 2019

                  CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
                  For the Petitioner   : Mr. Diwakar Upadhyay, Advocate
                  For Resp. No. 1      : Ms. Piyushita Meha Tudu, A.C. to A.A.G.-IV
                  For Resp Nos. 2 to 6 : Mr. Arpan Mishra, Advocate
                                            ----

13/23.01.2024 Learned counsel for the respondent nos. 2 to 6 submits that

pursuant to the query of the Court as contained in order dated

18.05.2023 passed in the present writ petition, a supplementary

counter affidavit has been filed on behalf of the said respondents on

06.12.2023. The relevant part of paragraph-10 of the said

supplementary counter affidavit reads as under:

"10. The employees of BCCL are governed by the Certified Standing Order. Provision 26 of the CSO deals with acts of misconduct and according to provision 26.1.19 misconduct includes "Conviction by a Court of law for any criminal offence involving moral turpitude." In consequence of the conviction of Bhimal Ram by the learned CBI Court, Dhanbad, a charge sheet was served upon him on dated 03.04.2018 under provision 26.1.19 of the certified standing order of the company that the charge-sheeted employee has been convicted by a Court of law for any criminal offence involving moral turpitude. However, the charge sheet was not issued to the other two convicted employees as on the date of judgment passed by the CBI Court, both these employees had already retired from their respective services. Therefore, action on part of the management of the company was not taken against these two employees."

2. Learned counsel for the petitioner submits that earlier a

departmental proceeding was initiated against the petitioner in which

charge sheet dated 30.06.2010 (Annexure-1 to the writ petition) was

served to him and vide order dated 02.07.2013 (Anneuxre-4 to the

writ petition), penalty of reduction to a lower grade in time scale

with effect from 01.08.2013 as well as recovery of amount of

Rs.5,47,180.05/- along with normal interest from his salary was

imposed upon him. Since the disciplinary proceeding with respect to

the same charge had already come to an end by imposing the

aforesaid punishment against the petitioner, it was not permissible

for the respondent authorities to reopen the said matter and to issue

another charge-sheet dated 03.04.2018 to the petitioner on the

ground of his conviction in the criminal case and thereafter imposing

a major penalty of dismissal from service as well as forfeiture of

gratuity vide order dated 22.10.2018.

3. Learned counsel for the respondent nos. 2 to 6 prays for an

adjournment to address this Court on the aforesaid issue.

4. Put up this case under the heading "For Admission" on

22.02.2024.

(Rajesh Shankar, J.) Ritesh