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2018 Supreme(Jhk) 1304

ANIRUDDHA BOSE, B.B.MANGALMURTI
State of Jharkhand through the Secretary, Rural Development Department – Appellant
Versus
Md. Masi Arshad, son of Md. Kalim Akhtar – Respondent


Advocates Appeared:
For the Appellant :Mr. Anup Kumar Agrawal, Advocate

JUDGMENT :

1. On consent of learned Advocates appearing for the parties, we are taking up this appeal at this stage only for hearing.

2. The appeal is directed against a judgment delivered by the learned First Court quashing the writ petitioner’s termination order dated 16th November, 2016 from the contractual post of Junior Engineer under the MGNREGA scheme. The initial engagement of the writ petitioner was for a year.

3. Allegation against the writ petitioner was that he had illegally accepted money from one of the beneficiaries of the said scheme to the tune of Rs.5000/-. An inquiry was conducted and it is the State’s case that during inquiry the said money was returned to the beneficiary concerned. On conclusion of inquiry, show cause notice was issued to which the writ petitioner replied denying the charges. But complain of the writ petitioner before the learned First Court as well as before us is that he was never given any chance to cross examine the witnesses and no opportunity of hearing also was given to him. The termination order was effected solely on the basis of his reply to the show cause notice, in which he denied the charges. The State’s stand however is that before t





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