Jharkhand High Court
Ishwari Prasad Yadav vs Union Of India & Ors on 7 June, 2011
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.1236 of 2010
Ishwari Prasad Yadav. ......Petitioner.
Versus
The Union of India & Ors. .......Respondents.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioner : Mr. S. N. Prasad, Advocate.
For the UOI : Md. M. Khan, A.S.G.I.
02/07.06.2011: The petitioner, in this writ petition, has prayed for quashing the charge sheet (Annexure1).
The grievance of the petitioner is that the charge sheet has been issued to him under Rule 14 of CCS (CCA) Rules, 1965 for major punishment, but two more persons who were also working and were also equally liable have been sought to be proceeded against under Rule 16 of the said Rules for minor punishment.
A counter affidavit has been filed on behalf of the respondents, stating, inter alia, that after going through the evidence on record and investigation report, other two officials were not found directly involved in misappropriation of public money in R.D. Account, rather they have been found responsible for procedural lapses for which suitable disciplinary proceedings have been initiated against them. It has been further submitted that the charge sheet has been now modified and the amount of misappropriation against the petitioner has been proportionately reduced.
I have heard learned counsel for the parties. The departmental enquiry against the petitioner is at the initial stage. The charge sheet has been served on the petitioner, giving him opportunity to explain. It has been specifically mentioned that the enquiry will be held in respect of the articles of charges, not admitted by the petitioner. The petitioner has been given full opportunity to defend himself by taking all available grounds and producing evidences. The statement that the other two persons were similarly responsible and that the proceedings have been initiated against them for minor punishment, causing discrimination to the petitioner, as has been factually disputed 2 by the respondents.
In view of the said factual disputes and controversies between the parties as also that the petitioner has full opportunity to defend himself and he has got efficacious statutory alternative remedy, I find no ground to entertain this writ petition.
This writ petition is, accordingly, dismissed.
(Narendra Nath Tiwari, J.) Sanjay/