Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2016 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (10) TMI 206 - HC - Indian LawsRestoration of the petitioner to his original position with all consequential benefits - punishment of reduction to a lower rank - disposal of cases at the instance of the petitioner during the pendency of the revisions before the Commissioner, Commercial Taxes Department, Jharkhand, Ranchi - failure to file reply to SCN - loss caused to the State Exchequer due to misconduct on part of the petitioner - Held that: - the petitioner in pursuance to the direction of the Joint Commissioner, Commercial Taxes Department passed the order in appeal on 07.07.2010 and the said appeals were remanded by the appellate authority and the petitioner was never informed regarding pendency of the revision cases before the learned Commissioner, Commercial Taxes. Therefore, the petitioner discharged his officer's duties with sincerity. Hence, there has been no laxity and dereliction of duty on the part of the petitioner, in disposing of the said appeals and ultimately in the revision petition disposed of by the learned Commissioner, Commercial Taxes, Government of Jharkhand, Ranchi, no alleged financial loss has been caused to the Government and, therefore from the very initiation of charge till its culmination, the petitioner has become scapegoat and victim of the circumstances. The charge alleged against the petitioner has not been discussed nor the charge of ante dating have been proved so as to fasten guilt on the petitioner as evident from the inquiry report. Therefore, the inquiry report is perverse and the punishment order passed by the disciplinary authority on the basis of perverse inquiry report being legally unsustainable, is liable to be quashed. Restoration of the petitioner to his original position with consequential service benefits - petition allowed - decided in favor of petitioner.
|