Indu Bhushan Dwivedi vs State Of Jharkhand & Anr

3. The appellant joined service as Munsif in 1982. He was promoted as Sub-Divisional Judicial Magistrate in 1996. While he was posted as Sub- Divisional Judicial Magistrate at Chaibasa, a news item appeared in `Dainik Jagran' dated 2.7.2003 suggesting that the appellant had misbehaved and manhandled an accused, named, Anup Kumar and Constable Sheo Pujan Baitha. On the next day, i.e. 3.7.2003, the appellant made a representation to District and Sessions Judge, West Singhbhum at Chaibasa with the request that an inquiry be got conducted into the matter and appropriate action against the person who got published the misleading news.

4. The High Court of Jharkhand took cognizance of the newspaper report adversely commenting upon the conduct of the appellant and passed an order dated 5.7.2003 whereby he was placed under suspension and his headquarter was fixed at Chaibasa with a direction that he shall not leave the headquarter without obtaining prior permission from the Registrar General of the High Court.

5. In the meanwhile, the appellant appears to have submitted an application to the District Judge on 4.7.2003 for permission to go to Ranchi for his treatment and also avail holiday on 6.7.2003. After receiving the order of suspension, the appellant submitted an application to the Registrar 3 General of the High Court stating therein that as per the advise of the doctor, he has to take complete rest for one month and, therefore, he is unable to return to Chaibasa. The appellant also indicated that he would join the headquarters after recovery from illness. This prayer of the appellant was rejected by the High Court and he was informed through the District Judge to comply with the direction contained in order dated 5.7.2003. The appellant responded to this communication by sending letter dated 19.7.2003 to the District Judge wherein he mentioned that he had to proceed on leave because he was suffering from acute and uncontrolled loose motions and he had left the headquarters after handing over charge and after seeking permission from the District Judge. He then reiterated his inability to return to the headquarter and described the direction contained in the letter of the High Court as merciless which could not be complied with at the cost of one's life. He also claimed that being a suspended employee, he cannot be compelled to stay at the headquarters.

6. After five months of his suspension, a regular departmental inquiry was initiated against the appellant on the following charges:

11. After considering the reply of the appellant, the High Court recommended his dismissal from service. The State Government accepted the recommendation of the High Court and passed order dated 22.2.2006 whereby the appellant was dismissed from service.

15. In the end, the Division Bench concluded that the punishment of dismissal imposed on the appellant is not sustainable but declined to set aside the same on the ground that substantial time has lapsed since the initiation of the inquiry and proceeded to impose punishment of compulsory retirement upon the appellant. This is evinced from paragraphs 34 and 35 of the impugned order, which are extracted below:

21. In the light of the above, we shall now consider whether the High Court could have while recommending the appellant's dismissal from 24 service taken into consideration un-communicated adverse Annual Confidential Reports and whether the Division Bench of the High Court was right in distinguishing the judgment of the Constitution Bench in Manche Gowda's case on the ground that appellant had himself made a request for consideration of the past record.

27. The judgment in Harish Chandra Singh's case is clearly distinguishable. At the cost of repetition, we consider it necessary to observe that the three-Judge Bench had not applied the ratio of Manche Gowda's case because on facts it was found that the past record had been considered by the disciplinary authority only for the purpose of imposing a lesser punishment on the respondent.

28. For the reasons stated above, the appeal is allowed. The impugned order of the Division Bench of the High Court is set aside. The High Court of Jharkhand shall now consider the issue of quantum of punishment afresh and make fresh recommendation to the State Government within a period of 29 four months from the date of receipt/production of copy of this order. If the High Court still feels that the adverse remarks in the Annual Confidential Reports of the appellant for the year 1988-1989, 1989-1990, 1990-1991 and 1996-1997 should be considered, then such report(s) shall be communicated to him and he should be given an opportunity to make appropriate representation. While making fresh recommendation for imposing the particular punishment, the High Court is expected to take into consideration the good as well as adverse record of the appellant. The State Government shall pass appropriate order within three months from the date of receipt of fresh recommendation from the High Court. The parties are left to bear their own cost.