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2023 Supreme(Jhk) 352

SANJAYA KUMAR MISHRA, ANANDA SEN
Avinash Gurung, son of Mani Kumar Gurung – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Mr. Diwakar Upadhayay.
For the Respondents: Mr. Navnit Toppo.

ORDER :

(Ananda Sen, J.)

1. This intracourt appeal is against the judgment dated 02.12.2020 passed by learned Single Judge in W.P.(S) No.800 of 2016.

2. Counsel appearing on behalf of the appellant submits that the punishment order passed in the Departmental Proceeding is absolutely bad as there is no evidence to suggest that the petitioner was in a drunken state. As per him, enquiry report is cryptic and does not even disclose as to what were the questions put to the petitioner and what he answered, nor it mentions the questions, the petitioner had put to the witnesses in cross examination. His contention is that the girl, who has been allegedly molested by the petitioner and upon whom the petitioner had allegedly tried to commit rape, has not come forward in the Departmental Proceeding as witness, thus, the entire charge levelled against the petitioner fails. Counsel for the appellant submits that learned Single has failed to appreciate this aspect, thus, the order impugned is bad in law and needs to be set aside. Counsel in support of the contentions of the appellant refers to and relies on the decision of the Hon’ble Supreme Court in the case of Roop Singh Negi versus Punjab Nati

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