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2017 Supreme(Jhk) 62

PRAMATH PATNAIK
Shashi Kant Mishra – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Diwakar Upadhyay & Rakesh Kr. Roy
For the Respondent: Chanchal Jain, J.C to A.A.G.

JUDGMENT :

Pramath Patnaik, J.

1. In the instant writ application, the petitioner has inter alia prayed for quashing the order dated 30.04.2011 contained in Memo No.31/GO passed by Commandant (respondent no.3) and also the order dated 05.09.2011 passed by the Deputy Inspector General of Police, JAP, Ranchi, whereby the order passed by the Commandant (respondent no.3) to dismiss the petitioner from services with effect from 30.04.2011 and the order of the disciplinary authority to the effect that nothing would be paid to the petitioner for the period under suspension except the payment already made, has been upheld by the appellate authority.

2. The factual matrix, as averred in the writ application, in a nutshell is that on the basis of the complaints, charge sheet contained in Memo no.851 dated 20.05.2010 was issued by the respondent no.3 vide Annexure-1 to the writ petition. The gist of the charge pertains to exchange of hot words after the end of the duty, which took place between the petitioner and the Police 141 namely Gopal Yadav, which resulted injury sustained by Gopal Yadav being assaulted by the petitioner by a lathi. In pursuance to the charge sheet, the petitioner submitte
















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