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2022 Supreme(Jhk) 1257

S. N. PATHAK
Md. Noor Hassan – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Gaurav Abhishek.
For the Respondents: Mr. Munna Lal Yadav, Mr. Ashok Kr. Singh.

JUDGMENT :

Heard the parties.

2. By way of instant writ application, the petitioner has prayed for quashing the order dated 28.08.2015, whereby the petitioner has been held guilty and awarded punishment of censure and withholding of two increments with cumulative effect.

Petitioner has further prayed for quashing the order dated 22.12.2015, passed by respondent No. 3.

3. As per the factual matrix, petitioner is a Junior Engineer under Road Construction Department, Ranchi. It is the case of the petitioner that vide order dated 28.06.2013, a departmental proceeding was initiated against the petitioner for his alleged involvement in rate estimate and negotiation, in which the Enquiry Officer after adducing the evidence and detailed enquiry submitted his report exonerating the petitioner from the charges levelled against him. Thereafter, on 11.05.2015, the Disciplinary Authority issued a 2nd show-cause notice without assigning any reason for differing with the report of the Enquiry Officer, in response to which the petitioner submitted his reply denying the charges levelled against him. However, without considering the reply to the 2nd show-cause notice, vide order dated 28.08.2015, the

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