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2021 Supreme(Jhk) 850

S.N.PATHAK
State of Jharkhand through Under Secretary, Road Construction Department, through Ajit Kumar Singh, S/o. Late Suresh Chandra Singh – Appellant
Versus
Vivekanand Choudhary – Respondent


Advocates Appeared:
For the Petitioner: M/s Ashutosh Anand, AAG-III, Ms. Aanya, AC to AAG-III.
For the Respondent: Mr. Pandey Neeraj Roy.

JUDGMENT :

1. Heard the parties.

2. The petitioner-State of Jharkhand has filed this writ petition for quashing the order dated 13.3.2015 / 17.3.2015 (Annexure-10) passed by the Revisional Authority (Member, Board of Revenue) in Revision Petition No. 26 of 2014, whereby the order of dismissal as imposed upon the respondent contained in Memo No. 5826(S) dated 20.6.2013 issued by Engineer-in-Chief, Road Construction Department, Government of Jharkhand, has been modified and the respondent has been directed to be reinstated in service. Prayer has also been made to quash the review order dated 18.1.2019 (Annexure-11) passed by the Revisional Authority in Review Case No. 1/2015.

Factual Matrix

3. The factual expositions as delineated in the writ petition are that the respondent was appointed as Junior Engineer on 16.2.1987 in Public Works Department. Thereafter the service of the respondent was allocated to the Road Construction Department by Notification dated 6.1.1988. While the respondent was posted as Junior Engineer, Soil Investigation Division, Rural Works Department, the competent authority decided to initiate a departmental proceeding under Rule 55 of the Civil Services (Classificat

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