Dayanand Mahli vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Jhk) 707

RAJESH SHANKAR
Dayanand Mahli – Appellant
Versus
State of Jharkhand – Respondent

JUDGMENT :

The present writ petition has been filed for quashing the resolution dated 18.11.2016 (Annexure-1/A to the present writ petition) issued under the signature of the respondent No.3 whereby a decision has been taken to initiate a proceeding under Rule 43(b) of the Bihar (now Jharkhand) Pension Rules [hereinafter referred to as ‘the said Rules’], which according to the petitioner, is illegal as the cause of action for the alleged conduct of the petitioner had arisen in the year 2009 whereas the said decision was taken by the State Government as late as in the month of November, 2016.

2. The relevant facts emanating from the writ petition is that the petitioner was appointed in the year 1980 as the Deputy Collector. In the year 1986, he was granted Junior Selection Grade. In the year 2004, he was allocated Jharkhand Cadre due to reorganization of the erstwhile State of Bihar and was posted as Additional Collector. Subsequently, he was promoted to the rank of Joint Secretary in the year 2009. While the petitioner was working in the capacity of the Deputy Secretary, Department of Food, Civil Supplies and Consumer Affairs, Government of Jharkhand, a show cause notice was issued t

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