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2021 Supreme(Jhk) 349

DEEPAK ROSHAN
Manish Kumar Mishra – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A. K. Sahani, Adv.
For the Respondent:Mr. Rohan Kashyap, Adv

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.115 dated 5.3.2013 whereby the petitioner has been dismissed from service and also the appellate order as contained in Memo No.1315 dated 16.08.2013 whereby the appeal preferred by the petitioner has been rejected.

3. The facts of the case lie in a narrow compass. The petitioner was appointed as Constable under Jharkhand Armed Police and he was posted in JAP-7. Vide office order dated 27.09.2012 the department decided to initiate proceeding against this petitioner and the petitioner was suspended with effect from 31.10.2012 in contemplation of a departmental proceeding. A draft charge-sheet was served upon the petitioner asking explanation and after looking to the reply filed by the petitioner to the draft charge-sheet, a final charge-sheet was issued on 10.11.2012.

The first part of the charge-sheet was that the petitioner always used to leave duty place without permission and take alcohol and he has misbehaved with the Superintendent of Police, Chatra. The second part of the charge-sheet is th

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