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2021 Supreme(Jhk) 85

DEEPAK ROSHAN
Surendra Kumar Sinha – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Mr. Saurav Shekhar, Advocate

JUDGMENT :

Heard learned counsel for the parties through V.C.

2. The instant writ application has been preferred by the petitioner praying therein for quashing the order as contained in Memo No. 2857 dated 08.08.2009 issued by Respondent No. 4, whereby the petitioner has been punished as follows:

    1. Withholding of pay of two days, i.e. 25-26th April, 2005 on account of absence from duty without any kind of leave.

2. Withholding of payment of arrear of salary other than the subsistence allowance during the suspension period.

3. Censure for the year 2005-06.

3. The brief fact necessary for disposal of the instant case is that the memo of charge was issued to the petitioner and thereafter, an enquiry was held after following principles of natural justice and thereafter, Inquiry Officer had exonerated the petitioner from all the three charges and submitted its report to the Disciplinary Authority.

Subsequently, the Disciplinary Authority passed an order of punishment dated 17.10.2006. Thereafter, the petitioner filed an appeal and his appeal was disposed of by only deleting the punishment of Censure.

4. Mr. Saurav Shekhar, learned counsel for the petitioner submits that while the petitioner

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