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RAJESH SHANKAR
Raghunath Thakur – Appellant
Versus
State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi – Respondent
JUDGMENT :
The present writ petition has been filed for quashing the order as contained in memo no. 9275 dated 19.09.2013 (Anneuxre-10 to the writ petition) passed by the Deputy Secretary to the Government, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand (the respondent no. 3) whereby the petitioner has been imposed following punishments :
(ii) Nothing would be payable to the petitioner except the subsistence allowance for his period of suspension, however the suspension period would be counted for the purpose of his pension.
2. Further prayer has been made for quashing the order as contained in memo mo. 1547 dated 18.02.2014 (Anneuxre-12 to the writ petition) passed by the Chief Secretary, Government of Jharkhand (respondent no. 1) whereby the appeal preferred by the petitioner against the order dated 19.09.2013 passed by the respondent no. 3 has been dismissed. The petitioner has also prayed for issuance of direction upon the respondents to pay him full salary for the period of his suspension i.e., from 17.12.2012 to 17.02.2013 after adjusting subsistence allowance paid during the said period.
3. Learned counsel for the petitioner subm
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
The disciplinary authority that initiates proceedings must be the appointing authority; actions taken by a subordinate authority are illegal and violate principles of natural justice.
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