Jharkhand High Court
Prem Shankar Prasad vs The State Of Jharkhand on 20 February, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 3342 of 2021
Prem Shankar Prasad, aged about 70 years, son of Vishwanath Prasad,
resident of Village Ayodhyanagar, Mouna, P.O. and P.S. Chapra,
District Chapra, Bihar ... Petitioner
- Versus-
1. The State of Jharkhand, through the Principal Secretary,
Department of Personnel, Administrative Reforms &Rajbhasa,
Government of Jharkhand, Project Building, Dhurwa, P.O. and P.S.
Dhurwa, District Ranchi, PIN 834004 (Jharkhand).
2. The Joint Secretary, Department of Personnel, Administrative
Reforms &Rajbhasa, Government of Jharkhand, Project Building,
Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, PIN 834004
(Jharkhand). ... Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
For Petitioner : Mr. Subham Gautam, Advocate,
For Respondents : Mr. Sachin Kumar, A.A.G.-II
CAV on:06.09.2024 Delivered on: 20 /02/2025
JUDGMENT
1. Petitioner, in the present case, is again compelled to knock the door of this court despite the fact that, earlier, this court, vide detailed Judgment and order dated 18.12.2020 passed in W.P.(S) No. 1001 of 2009, was pleased to set aside order contained in Memo No. 206 dated 23.03.2010, wherein Petitioner was imposed penalty pursuant to departmental proceedings.
2. Detailed facts was already noted in earlier order dated 18.12.2020 passed in W.P.(S) No. 1001 of 2009, but for the sake of ready reference, facts of the case are again noted hereinafter.
3. Petitioner, being a Member of Tanti (Pan/Swasi) caste appeared in an examination held in the year 1973 for the post of Lower Division Clerk/Assistant, and, thereafter, on being successful, was appointed on 1 the post of Lower Division Clerk/Assistant in the office of Deputy Inspector General of Police, South Chotanagpur Division, Ranchi, in the year 1978 and his services were confirmed on 12.01.1980.
4. On 31.01.1992, Department of Welfare, Government of Bihar came out with a circular treating 'Tanti' caste as synonymous with 'Pan/Swasi' and, accordingly, issued a circular in that regard. Consequent upon issuance of said circular, Petitioner applied for issuance of Scheduled Caste Certificate from the office of Block Development Officer, Chapra, and, Scheduled Caste Certificate was issued by Block Development Officer, Chapra on 16.03.1992, which was subsequently certified by Sub-Divisional Officer, Chapra on 11.06.1992.
5. Consequent upon issuance of said certificate, Petitioner made request for entering in his Service-Book his caste in the category of 'Scheduled Caste', and, an order dated 23.04.1992 was passed by erstwhile State of Bihar making entry in Service Book of Petitioner reflecting him as a Member of Scheduled Caste. Even amendment in Gradation List dated 03.08.1992 was carried out by erstwhile State of Bihar.
6. Thereafter, Petitioner was granted benefit of Junior Selection Grade on 27.01.1993 with effect from 30.08.1988 and, further, benefit of Senior Selection Grade was granted on 29.01.1993 with effect from 30.08.1991. Petitioner was further granted promotion to the post of Section Officer vide order dated 16.10.1993 with effect from 01.03.1991. Said benefits were extended to the Petitioner in view of entry made in his Service Book of Scheduled Caste category.
7. While the Petitioner was in service, an anonymous complaint was made before National Commission of Scheduled Castes and Scheduled Tribes and, pursuant thereto, enquiry was conducted by Inspector General of Police, South Chotanagpur Division, and, enquiry report dated 30.04.1996 was submitted, wherein it was certified that Petitioner did not submit forged Caste Certificate as alleged in anonymous complaint.
28. However, erstwhile State of Bihar, to the utter shock of the Petitioner, passed an order dated 31.05.2000 without initiating any departmental proceeding and held Petitioner guilty of obtaining forged Caste Certificate, and, on 11.08.2000, Petitioner was suspended and departmental proceedings were contemplated to be initiated against the Petitioner. Further, even before initiating departmental proceeding, promotion granted to Petitioner on the post of Section Officer was cancelled on 26.08.2000 and, thereafter, on 7.11.2000, benefit granted to Petitioner of Senior Selection Grade was also cancelled and benefit granted to Petitioner of Junior Section Grade was also cancelled on 29.11.2000 by erstwhile State of Bihar.
9. It is well known fact that from 15.11.2000, erstwhile State of Bihar was bifurcated and new State of Jharkhand and State of Bihar was created and cadre of the Petitioner was allocated to State of Jharkhand, but despite thereof, on 29.11.2000, benefit of Junior Selection Grade granted to Petitioner was cancelled by erstwhile State of Bihar.
10. On 29.08.2002, State of Jharkhand issued a fresh memo of charges against Petitioner and initiated departmental proceeding, wherein Enquiry Officer submitted its report dated 26.11.2002 declaring that Petitioner is not guilty of any charges levelled against him i.e. the primary charge of obtaining forged Caste Certificate.
11. Consequent upon such enquiry report, suspension order of Petitioner dated 11.08.2000 was revoked by State of Jharkhand vide order dated 17.06.2003, but departmental proceeding against Petitioner was kept in abeyance in view of the fact that a criminal case in the court of learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Saran was pending against the Petitioner being Sessions Trial No. 414/2004.
12. In the meantime, learned Additional Sessions Judge, Saran, vide its Judgment and order dated 03.10.2007, held Petitioner not guilty of the charges and exonerated the Petitioner in criminal proceedings, and, pursuant thereto, Petitioner requested State of Jharkhand for restoring the benefits of Junior and Senior Section Grade, which were 3 already extended in his favour, including promotion granted on the post of Section Officer.
13. State of Jharkhand, instead of restoring benefits to Petitioner, issued an order dated 06.12.2008 to District Magistrate, Chapra for cancelling the earlier issued Caste Certificate in favour of Petitioner and, pursuant thereto, District Officer, Chapra, vide Letter No. 442 dated 22.05.2010, passed order cancelling Caste Certificate of the Petitioner.
14. On the strength of above, State of Jharkhand passed order in departmental proceeding vide order contained in Memo No. 206 dated 23.07.2010 and imposed following punishments upon Petitioner:-
(a) Stoppage of one increment with cumulative effect;
(b) The Regional Office Order no. 342 dated 23.04.1992 by which the Petitioner was transformed from backward class to schedule caste and corresponding entry made by the order of DIG, South Chotanagpur has been cancelled.
(c) Financial benefits taken by virtue of illegal promotion have been directed to be recovered on monthly basis.
15. Petitioner approached this Court byfiling writ petition being W.P.(S) No. 1001 of 2009 and this Court, after taking into consideration detailed facts and circumstances of the case, vide its order dated 18.12.2020, passed following order:-
"9. In view of the aforesaid discussions and findings, the impugned order deserves to be quashed and set aside.
Consequently, order as contained in Memo No. 206 dated 23.07.2010, is hereby, quashed and set aside. The respondents are at liberty to pass a fresh order by considering the grounds taken by the petitioner in his reply to the second show cause notice and by ignoring/excluding the letter of District Officer, Saran, Chapra issued under letter no. 442 dated 22.05.2010, as the same was not part and parcel of the Charge Sheet and/or of the departmental proceedings and was also issued behind the back of the petitioner. It is made clear that since the matter is very old, if the department chooses to proceed and pass a fresh order then the same shall be passed within a period of four months from the date of receipt/production of copy of this order, failing which the petitioner shall be entitled for all consequential benefits which was withheld pursuant to the Impugned Order [Annexure-27].
10. The petitioner is also at liberty to file a fresh representation before the competent authority along with copy of this order for necessary action.
11. With the aforesaid terms the instant writ application stands disposed of. The pending I.A. also stands disposed of."4
16. A perusal of earlier order passed by this Court would reveal that this court, while quashing the order imposing punishment, granted liberty to respondents to pass a fresh order by considering the grounds taken by Petitioner in his reply to the second show cause notice and by ignoring/excluding the letter of District Officer, Saran, Chapra issued vide letter no. 442 dated 22.05.2010, wherein Caste Certificate of Petitioner was cancelled.
17. Pursuant to aforesaid order, a second show cause notice contained in Letter No. 2059 dated 31.03.2021 was issued to the Petitioner, wherein original departmental proceeding was converted into proceeding under Rule 43(b) of Jharkhand Pension Rules, 2000 and it was primarily alleged, inter alia, that Petitioner was initially appointed as a general category candidate and, subsequently, on the strength of Scheduled Caste Certificate, got his Service Book amended and, thereafter, obtained benefits of Junior Selection Grade, Senior Selection Grade and promotion to the post of Section Officer, in an illegal and arbitrary manner.
18. Petitioner submitted its reply on 13.04.2021 and again brought to the notice of Respondent-State of Jharkhand that State of Bihar, through its Personnel Department, vide Resolution No. 9532 dated 01.07.2015, treated 'Tanti' caste as a sub-caste of 'Pan/Swasi', which is a Scheduled Caste and further issued direction that all benefits available to Pan/Swasi caste as Scheduled Caste be extended to members of Tanti Caste.
19. Petitioner even produced before Respondent-authority a fresh Caste Certificate which was issued by Circle Officer, Sadar, Chapra, being Caste Certificate No. C/16/15188 dated 03.10.2016, wherein Petitioner was recognized as a member of Scheduled Caste and said Caste Certificate was even certified by Sub-Divisional Officer Officer, Sadar, Saran, vide its Letter No.1408 dated 17.10.2016.
20. On the strength of above, Petitioner submitted that Petitioner was all along a member of Scheduled Caste and entry in his Service Book as Scheduled Caste was in accordance with law and no wrongful benefit has been taken by Petitioner.
521. However, again, impugned order being Order No. 2378 dated 29.04.2021 has been passed by Respondent primarily declaring, inter alia, that Petitioner has obtained benefit of Scheduled Caste in an illegal manner and, accordingly, following order has been passed :-
(i) Permanent withholdment/deduction of 5 per cent Pension of Petitioner.
(ii) Removal of entry of 'Scheduled Caste' from Service Book of Petitioner.
(iii) Withdrawal of benefit of Junior Selection Grade granted to Petitioner.
(iv) Withdrawal of benefit of Senior Selection Grade granted to Petitioner.
(v) Cancellation of Petitioner's promotion to the post of Section Officer.
22. Mr. SubhamGautam, learned counsel appearing for the Petitioner submitted that despite earlier order passed by this court specifically directing, inter alia, that order passed by District Officer, Chapra vide letter no. 442 dated 20th May, 2010 would be ignored/excluded while conducting departmental proceedings against Petitioner, again Respondent-authorities have considered the said order contained in letter no. 442 dated 20.05.2010 and have concluded that Petitioner has wrongly availed benefit of Scheduled Caste.
23. He further emphatically submitted that in criminal proceeding initiated against the Petitioner for alleged obtainment of forged Caste Certificate, being Sessions Trial No. 414/04, Petitioner was acquitted, but despite thereof, Respondent authorities are not treating the Petitioner as a member of Scheduled Caste and is not only acting in defiance of the order passed by learned Additional Sessions Judge, but also in defiance of the order passed by this court.
24. It was further submitted that Petitioner, after remand of the matter by this court, brought to the notice of Respondent-State of Jharkhand that State of Bihar has issued Resolution No. 9532 dated 01.07.2015 declaring, inter alia, that 'Tanti' caste is a sub-caste of 'Pan/Swasi' caste and is a member of Scheduled Caste, and, pursuant thereto, even Caste Certificate was issued to Petitioner, but, even said document was ignored by Respondent-authority while passing order of punishment, which shows complete non-application of mind on the part of Respondents and disregard to the order passed by this court.
625. Per contra, learned A.C. to A.A.G.-II submitted that Petitioner belongs to Tanti/Tatwa caste which is an extremely backward caste but not a Scheduled Caste and Petitioner illegally obtained benefit of Scheduled Caste by getting the same entered in his Service Book.
26. It was further submitted that order passed by learned Trial Court in Sessions Trial Case No. 414/04 dated 31.10.2007 was not ahonourable acquittal of Petitioner, but, benefit of doubt was given to Petitioner and, thus, it was open for disciplinary authority to differ with the order passed in Sessions Trial No. 414/04 and pass appropriate order, which has been done in the present case.
27. Regarding reliance placed upon order of District Officer, Chapra vide letter no. 442 dated 20.05.2010, it was submitted that only reference of the said order was given in impugned order of punishment, but, it cannot be said that said order was relied for passing of the impugned order of punishment.
28. Having heard learned counsels for the parties, this court is of the opinion that fresh order being order no. 2378 dated 29.04.2021 passed by State of Jharkhand imposing punishment upon Petitioner is liable to be quashed and set aside by this court.
29. A bare perusal of aforesaid order would reveal that in aforesaid order, reliance is placed upon Letter No. 1846 dated 20.05.2010 issued by District Officer, Saran, wherein Caste Certificate of Petitioner as Scheduled Caste was cancelled.
30. On the basis of aforesaid fact, it has been held that Petitioner although was appointed in service under general category, but, subsequently, availed benefit of Scheduled Caste category on the basis of forged Caste Certificate issued in his favour.
31. This court, in its earlier decision dated 18.12.2020, categorically directed, inter alia, that Respondent-authority would pass a fresh order by ignoring/excluding the letter of District Officer, Saran, Chapra as contained in LetterNo. 442 dated 22.05.2010, as the said letter was not piece and parcel of Charge-sheet or departmental proceeding which was initiated against Petitioner in the year 2002. Despite aforesaid action, reliance is again placed upon said letter for 7 declaring that Petitioner is not a member of Scheduled Caste, as his Caste Certificate was cancelled, which is completely unwarranted and, in fact, is in defiance of earlier order passed by this court.
32. Petitioner, even subsequent to remand order passed by this court, produced before Respondent Authority Resolution No. 9532 dated 01.07.2015 issued by Personnel Department, Government of Bihar, wherein it was declared that the caste 'Tanti' (Tatwa) is a sub- caste of caste Pan/Swasi and is entitled for all benefits of Scheduled Caste. Petitioner further produced Caste Certificate issued by Government of Bihar dated 03.10.2016, wherein Petitioner, on the strength of his caste i.e. Tanti/Tatwa, was again declared as a member of Scheduled Caste.
33. That apart, Petitioner, in the meantime, already superannuated from service, and, departmental proceeding was converted against Petitioner under Rule 43(b) of Jharkhand Pension Rules, 2000. In the impugned order, punishment pertaining to permanent withholdment/deduction of 5% of Pension against Petitioner has been passed, but no reason whatsoever is assigned by Respondents for deduction/withholdmentof such Pension. Moreover, benefits of Junior Selection Grade, Senior Selection Grade and promotion to the post of Section Officer, which were earlier already extended to Petitioner, have been cancelled, that too, after retirement of the Petitioner,and the same cannot be countenanced in law.
34. In view of aforesaid cumulative facts and circumstances, impugned order dated 29.04.2021 (Annexure 20A) is quashed and Respondents are directed to restore the benefits of Junior Selection Grade, Senior Selection Grade and Promotion to the post of Section Officer and, if any amount has been recovered/withheld, the same shall also be released to Petitioner within a period of eight weeks from the date of receipt of a copy of this order. If aforesaid amount is not paid to petitioner within a period of eight weeks from the date of receipt of a copy of this order, Petitioner would be entitled to simple interest @ 6% per annum from the due date of aforesaid amounts till the date of actual payment by Respondent-authorities.
835. With aforesaid observations/directions, the instant writ application standsallowed.Pending I.A., if any, also stands disposed of. However, there shall be no order as to costs.
(Deepak Roshan, J) Amardeep/ AFR 9