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2021 Supreme(Jhk) 968

S.N.PATHAK
Md. Abul Qasim – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Arwind Kumar.
For the Respondent: Mr. Manoj Kumar.

JUDGMENT :

S.N. PATHAK, J.

1. Heard the parties.

2. Petitioner has approached this Court for quashing part of order dated 30.05.2020 (Annexure-6), passed by respondent No. 3, the District Superintendent of Education, Giridih, whereby, two increment of salary of the petitioner was ordered to be withheld retrospectively from 2008 and it was decided to adjust difference amount consequent thereto from the retiral benefits of the petitioner. Petitioner has further prayed for direction upon the respondent to pay all consequential benefits as per fixation of his pension.

3. The facts of the case lies in a narrow compass. The petitioner was appointed to the post of Assistant Teacher on 10.02.1981 in primary School Manjhne Gawan. On 24.08.2006, when a surprise inspection was conducted by respondent No. 3, the petitioner was on leave but the respondent under misconception of facts, passed an order of suspension vide its order dated 06.09.2006 considering the petitioner on unauthorized leave. Thereafter, an enquiry was set-up against the petitioner and the Enquiry Officer, after conducting the Enquiry, submitted his report on 03.01.2008, finding the petitioner innocent and the allegation was foun

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