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2017 Supreme(Jhk) 668

PRAMATH PATNAIK
Nathun Sahu, Son of Late Guru Sahay Sahu – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rajiv Ranjan, Sr. Advocate & Mr. Lalan Kr. Singh, Advocate
For the Respondents: Ms. Ruchi Rampuriya, J.C to Sr. S.C.

JUDGMENT :

Pramath Patnaik, J.

Challenging the entire departmental proceeding and order of punishment passed by respondent no.5 vide order dated 12.02.2013 and the order dated 26.02.2013 vide Annexure-19 whereby the recovery of 90% provisional gratuity and leave encashment amount towards post retiral benefits have been ordered, the instant writ petition has been preferred for quashing the aforesaid orders.

2. The brief facts as depicted in the writ petition is that earlier the petitioner approached this Court in W.P.(S) No.5667 of 2009 challenging the departmental proceeding and major punishment of reversion and recovery of huge amount from the petitioner and the said punishment was quashed by this Court dated 07.03.2011 with liberty to respondent to conduct enquiry in a proper manner. The petitioner while working as Forester in Jhumra Forest Depot under the D.F.O. Departmental Working Division, Hazaribagh was transferred to Social Forestry Division, Hazaribagh vide order dated 23.07.2003 and the petitioner was relieved from the charge of Jhumra Forest Depot w.e.f. 12.09.2003 by the order of the Forest Range Officer. On the very next day, the petitioner requested the then D.F.O., Depa



































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