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2023 Supreme(Jhk) 56

S. K. MISHRA, SUJIT NARAYAN PRASAD
State of Jharkhand, through the Chief Secretary, Government of Jharkhand – Appellant
Versus
Arvind Kumar – Respondent


Advocates Appeared:
For the Appellants : Mr. Indranil Bhaduri, Mr. Suman Marandi.
For the Respondent: Mr. Rahul Kumar, Ms. Apoorva Singh.

ORDER :

[Sujit Narayan Prasad, J.]

1. The instant intra-court appeal, under clause 10 of the Letters Patent, has been preferred against the order/judgment dated 20.01.2021 passed by learned Single Judge of this Court in W.P. (S) No. 1093 of 2020 whereby and whereunder while allowing the writ petition the decision as contained in Resolution dated 25.07.2019 purported to be issued in exercise of power conferred under Rule 14(1) of the Jharkhand Government Servants (Classification, Control and Appeal) Rules, 2016, [hereinafter referred to as ‘Rules, 2016’] by which the punishment of censure has been imposed upon the petitioner as also the decision as contained in Resolution dated 29.01.2020 by which the review application preferred by the petitioner was dismissed upholding the order of penalty dated 25.07.2019, have been quashed and set aside.

2. The brief facts of the case, as per pleadings made in the writ petition, read as hereunder:

The petitioner was appointed on 01.03.1993 in the cadre of Bihar Administrative Services pursuant through 37th Combined Competitive Examination conducted by Bihar Public Service Commission. Pursuant to reorganization of State of Bihar, the petitioner's ser

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