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2011 Supreme(SC) 280

ANIL R.DAVE, MUKUNDAKAM SHARMA
Ajit Kumar – Appellant
Versus
State of Jharkhand – Respondent


JUDGMENT

Dr. Mukundakam Sharma, J. —

1. Leave granted.

2. This appeal is directed against the judgment and order dated 02.11.2007 passed by the Jharkhand High Court dismissing the writ petition filed by the appellant.

3. The appellant herein was working as sub-ordinate Judge in Garhwa, Jharkhand when an order was issued by the Governor of Jharkhand removing him from service by an order issued on 31.07.2003 on the basis of a resolution of the Full Court of the High Court of Jharkhand recommending his removal from service.

4. The appellant herein challenged the legality of the aforesaid order before the Jharkhand High Court by filing a writ petition contending inter alia that the High Court does not have any power to dispense with an enquiry as envisaged for the purpose of removal of a judicial officer like the appellant and therefore, the impugned order was illegal and without jurisdiction. It was also submitted that there was no evidence on record to show that the appellant was guilty of any misconduct and therefore the order of removal was illegal and particularly also because of the fact that no notice was issued to the appellant before his removal from service thereby violatin














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