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2023 Supreme(Jhk) 412

RAJESH SHANKAR
Saroj Kumar Jha – Appellant
Versus
State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Anjani Kumar Verma, Advocate
For the Respondents: Mr. Anil Kumar Singh, A.C. to G.P.-I

JUDGMENT :

The present writ petition has been filed for quashing the order as contained in memo No. 8280 (S) dated 29.11.2012 issued by the Engineer-in-Chief, Road Construction Department, Jharkhand, Ranchi (respondent no.4) whereby while disposing of the departmental proceeding conducted against the petitioner, two major punishments have been imposed upon him, one of which is reduction of pay to his minimum basic pay scale and the other is recovery of 1/3rd of the amount paid in irregular manner. It has also been mentioned in the said order that payment of salary disbursed during the suspension period of the petitioner will be confined to subsistence allowance already paid, however period of suspension will not be considered as break of service for calculating his pension. Further prayer has been made for quashing the order as contained in memo no. 8644(S) dated 21.09.2013 issued under the signature of the Deputy Secretary to the Government, Road Construction Department, Jharkhand (respondent no.3) whereby the appeal preferred by the petitioner against the order dated 29.11.2012 passed by the disciplinary authority i.e., the respondent no. 4, has been rejected.

2. The factual backgr

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