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2010 Supreme(Jhk) 275

AMARESHWAR SAHAY
Arvind Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: M/s P.P.N. Roy, Sachin Kumar.
For the Respondents: Mr. Rohit Roy.

JUDGMENT

By Court. -The petitioner, Arvind Kumar, was departmentally proceeded for certain charges contained in Annexure-4 i.e. enquiry report. On the basis of the findings of the enquiry officer, the disciplinary authority, dismissed the petitioner from service by order dated 30.5.2005 as contained in Annexure-7. The petitioner filed an appeal before the Appellate Authority, which has been dismissed by an order dated 9.1.2006 as contained in Annexure-9 to the writ petition by affirming the order passed by the disciplinary authority. In the present writ petition, the petitioner has challenged, the order as contained in Annexures-7 and 9 passed by the disciplinary authority as well as of the Appellate Authority.

Some relevant facts required to be 'noticed are as under:-

2. On 21.12.1992 at about 6.30 p.m., one Nirmala Devi submitted a fardbeyan before S.1. of Lohardaga Police Station alleging therein that on that date at about 4.00 p.m., she was in her house and at that time, one young man came there and by introducing himself as Dilip, entered into her house and asked for a glass of water. She further alleged that when the said accused reached near her, he caught her right hand and














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