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2005 Supreme(Jhk) 419

SUDHANSU JYOTI MUKHOPADHAYA
Cosmas Bhengra And Reena Kumari – Appellant
Versus
State Of Jharkhand – Respondent


JUDGMENT

S.J. Mukhopadhaya, J.

1. In both the writ petitions, as common questions of law involved, they were heard together and are being disposed of by this common judgment.

2. The petitioner Cosmas Bhengra of Writ Petition (S) No. 474 of 2005 has challenged the order contained in Memo No. 4808 dated 29th December, 2004, whereby and where under, he has been removed from service as a measure of punishment as envisaged under Rule 49 read with Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, 1935 (hereinafter referred to as the Civil Services Rules). The order of removal has been given effect from retrospective date i.e. 26th December, 2003 and issued under the signature of S.P., East Singhbhum, Jamshedpur.

3. The main plea taken by the respondents to remove the petitioner from service is that the petitioner was under age by three days as per terms of advertisement.

4. So far as petitioner Reena Kumari of Writ Petition (S) No. 532 of 2005 is concerned, she has challenged the order, contained in Memo No. 4810 dated 29th December, 2004, whereby and where under she has been removed from service as a measure of punishment as envisaged under Rule 49 read with Rule 55 o

















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