Jharkhand High Court
Pramod Kr Jha vs Collectariate on 5 May, 2014
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No 3461 of 2013
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Pramod Kumar Jha ... ... ... ... ... Petitioner.
Versus
The State of Jharkhand & others ... ... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
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For the Petitioner : Mrs. Ritu Kumar,
Mr. Manoj Kumar Sah
Mr. Vivek Kumar, Advocates.
For the Respondent : Mr. Sarvesh Kumar Verma, Sr. S.C. I.
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03/05.05.2014. Heard learned counsel for the parties.
The petitioner approached this court while he was in service for payment of salary dues from May, 2012 till the date of filing of the writ application and also payment of current salary. Petitioner was posted as a Village Extension Worker in the Thakurgangti Block from January, 2012 to November, 2012 in the District of Godda. He states that since December, 2012 he has been working on the same post in Boarijor Block till his retirement on 31st January, 2014. According to the respondent the petitioners' salary for the period December, 2012 to July, 2013 has been paid on the basis of absentee statement sent by the B.D.O. concerned. The respondent however, say that petitioner has indulged in repeated unauthorized absence during the period April, 2012 to November 2012 and hence, his salary has been withheld. According to the respondent a proceeding has been initiated against him in the prescribed Form- K on 23rd August, 2013 for such charges of dereliction of duties vide Annexure G to the counter-affidavit.
Counsel for the petitioner submitted that the proceedings could not be continued after the retirement under Rule 43 B. Having heard counsel for the parties, this court is of the view that the proceedings initiated during the service period of an employee -2- can be continued without issuance of a fresh charge sheet against the employee who has retired and the same view has been upheld by the Full Bench Judgment of Patna High Court earlier as well.
In that view of the matter writ petition is disposed of by directing the concerned respondent to conclude the departmental proceeding initiated against the petitioner, if not concluded within a period of four months in accordance with law. The petitioner shall co-operate in the departmental proceeding. If he fails to co-operate respondent would be at liberty to proceed ex-parte against him. Dependent upon the final outcome of the proceeding the consequence would follow.
(Aparesh Kumar Singh, J.) Nibha/Anjali