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2016 Supreme(Jhk) 552

VIRENDER SINGH, SHREE CHANDRASHEKHAR
Abhay Kumar – Appellant
Versus
State of Jharkhand through the Secretary, Department of Rural Development – Respondent


Advocates Appeared:
For the Appellant : Mr. Anil Kr. Sinha, Mrs. Chaitali C. Sinha, Mr. Kumar Harsh
For the State : Mr. Vikash Kumar

ORDER :

Virender Singh, J.

The writ petitioner (hereinafter to be referred as “petitioner”) is aggrieved of order dated 23.09.2015 passed in W.P.(S) No. 317 of 2015 whereby, his challenge to initiation of the departmental proceeding and the prayer seeking quashing of chargesheet have been declined.

2. At the outset, Mr. Anil Kumar Sinha, the learned Senior Counsel for the petitioner submits that he would confine his arguments only to the legality of the chargesheet issued to the petitioner and such challenge is primarily based on the erroneous finding of fact recorded by the learned Single Judge in paragraph no. 9 of the impugned order. The contention, in short, is that the chargesheet which was served upon the petitioner which is required to be approved by the competent authority was never approved by him however, the learned Single Judge has dismissed the said plea on the ground that the Minister of Rural Development Department approved the proposal relating to the initiation of departmental proceeding on 23.11.2011, based on the chargesheet.

3. The protection guaranteed under Article 311 of the Constitution of India is of overwhelming importance and any infraction of the said consti





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