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2023 Supreme(Jhk) 17

ANANDA SEN
Gaurav Kumar Sinha – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mahesh Tewari.
For the Respondent: Md. Asghar.

JUDGMENT :

ANANDA SEN, J.

1. Petitioner, in this writ petition, has prayed for quashing the letter dated 18.10.2017 as contained in Memo No. 588 (Annexure 5) issued by the respondent No. 2, whereby the services of the petitioner has been terminated. Petitioner has further prayed to direct the respondents to reinstate the petitioner on the post of Assistant Clerk.

2. Petitioner was appointed as a Clerk on compassionate ground on 13.06.2015. The petitioner was arrested by the ACB on 10.07.2017, thus, he was suspended in terms of Rule 99 of the Jharkhand Service Code. Vide order dated 17.07.2017 as contained in Memo No. 438 (Annexure 2), the petitioner was put under suspension and it was directed that he will only be entitled to subsistence allowance. Be it noted that against the petitioner, Hazaribagh ACB Police Station Case No. 27 of 2017 was initiated under Sections 7 and 13(ii) of the Prevention of Corruption Act for allegedly demanding and accepting illegal gratification for the purpose of construction work of drain. On 20th September, 2017, petitioner was granted bail. The petitioner gave his joining on 14.10.2017, but, the impugned order was passed intimating that as his services

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