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2022 Supreme(Jhk) 115

S.N.PATHAK
Manoj Kishore Rukhaiyar – Appellant
Versus
State of Jharkhad – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Anil Kumar Sinha, Mr. Raunak Sahay, Mr. Vikram Shahdeo.
For the Respondent: Mr. Navneet Toppo.

JUDGMENT :

S.N. PATHAK, J.

1. Heard the parties.

2. The present writ petition has been filed for quashing the penalty order dated 05.11.2015 contained in Memo No. 1376 (Annexure-7), whereby the petitioner has been reverted back to lower post i.e. from the post of District Sub-Registrar to the post of Sub-Registrar.

3. Shorn of unnecessary details, the material fact of the present writ is that while the petitioner was posted as District Sub-Registrar. Koderma, charge-sheet, containing as many as eight charges, was served upon the petitioner under Rule 55 of the Jharkhand Civil Services (Classification, Control and Appeal) Rules, 1930 to the effect inter-alia that the petitioner has given approval for registration of land measuring 427 acres, which are not in existence, situated in Domchanchan Circle on the basis of forged and fabricated documents and identity and thereby, he was also put under suspension by issuance of notification dated 3.4.2014. On the basis of said charges, a departmental proceeding was initiated by appointing enquiry officer directing the petitioner to appear before the enquiry officer to put forth his defence. Thereafter, the petitioner submitted his reply to the m

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