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2023 Supreme(Jhk) 1093

S. N. PATHAK
Santosh Kumar Garg – Appellant
Versus
State of Jharkhand through its Principal Secretary, Department of Personnel – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Shresth Gautam, Advocate, Mr. Arun Kumar, Advocate, Ms. Anupama Kumari, Advocate
For the Respondent: Mr. Shubham Mishra, AC to SC

JUDGMENT :

Heard learned counsel for the parties.

2. Petitioner has approached this Court with a prayer for quashing the order of punishment as contained in Memo NO. 5/AAROP-1-32/2015-5660 (HRMS), Dated 05.06.2020 [Annexure-11], whereby the disciplinary authority, by differing with the findings of the inquiry report, has inflicted punishment of withholding of two increments without cumulative effect. Petitioner has further prayed for quashing the order as contained in Memo No. 5/AAROP – 1-32/2015-2390 (HRMS)/Ranchi, Dated 12.03.2021 [Annexure-12], passed by the appellate authority confirming the order passed by the disciplinary authority.

3. According to the petitioner, after his appointment, he was posted and working to as a Block Development Officer, Pakuria, District Pakur and he discharged his duties as a diligent public servant without any complaint. In the year 2010, a complaint was lodged by one Suresh Tudu before the Deputy Commissioner, Pakur, alleging therein illegality and corruption by the officials with regard to carrying out works under Scheme No. 43/09-10 and 44/2009-10 for construction of road in Salgapara being implemented in the district of Pakur. The Deputy Commissi

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