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2019 Supreme(Jhk) 1021

S.N.PATHAK
Murari Bhagat – Appellant
Versus
State of Jharkhand through the Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Jitender Singh, Mr. Piyush Lall, Mr. Yash Singh, Amrita Sinha.
For the Respondent: Mr. Anoop Kumar Agarwal.

ORDER :

1. Heard the parties.

2. The instant writ petition has been preferred by the petitioner for the following reliefs:-

    (I) For holding and declaring that the departmental proceeding initiated against the petitioner vide resolution bearing memo No. 4488(S) dated 04.08.2017 of the Road Construction Department, Govt. of Jharkhand, Ranchi (Annexure-4) is in violation of Rule 17 of the Jharkhand Govt. Servant (Classification, Control and Appeal) Rules, 2016 and thus void ab initio and consequently for issuance of a writ in the nature of certiorari/ direction/order quashing and setting aside the said resolution bearing memo No. 4488 dated 04.08.2017.

(II) For holding and declaring that the second show-cause notice issued to the petitioner under letter No. 2544(S) dated 02.05.2018 (Annexure-11) by the Road Construction Department, Govt. of Jharkhand, Ranchi in the above impugned departmental proceeding initiated vide resolution No. 4488(S) dated 04.08.2017 is in violation of the above said Rule 17 of the Jharkhand Govt. Servant (Classification, Control and Appeal) Rules, 2016 and consequently for issuance of a writ in the nature of certiorari/ direction/ order quashing and setting aside

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