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2010 Supreme(SC) 502

G.S.SINGHVI, C.K.PRASAD
Indu Bhushan Dwivedi – Appellant
Versus
State of Jharkhand – Respondent


JUDGMENT

G.S. Singhvi, J. —

1.Leave granted.

2.This is an appeal for setting aside order dated 29.3.2007 passed by the Division Bench of Jharkhand High Court in Writ Petition No.2671 of 2006 whereby it set aside the dismissal of the appellant from service but imposed the punishment of compulsory retirement.

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 t





























































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