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2023 Supreme(Jhk) 1072

SUJIT NARAYAN PRASAD
Shyamanand Jha, S/o. Late Ramjeevan Jha – Appellant
Versus
State of Jharkhand through the Chief Secretary, Government of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Mr. Kaustav Roy.
For the State : Mr. Md. Shahabuddin, SC-VII.
For the Accountant General : Mr. Amit Kr. Verma.

JUDGMENT :

1. This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order as contained in memo no.99 dated 17.04.2013 passed by the respondent no.2, by which, the following punishments have been inflicted as has been affirmed by the appellate authority, have been sought to be quashed:-

    (i) Reversing the rank of petitioner from private secretary to personal assistant;

(ii) Reducing his pay salary to minimum scale of pay for the post;

(iii) Taking decision of non-payment of salary for the period of absence and

(iv) Not counting the said period for pensionary benefits.

2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated which read as under:-

3. It is the case of the petitioner that the petitioner is working as Personal Assistant under the Water Resource Department of the Government of Jharkhand after reversion.

4. It is the further case that the Nephew (Bhagina) of the petitioner who was looking after the entire household affairs of the petitioner as well as his properties was murdered and the petitioner got the information at 7:00 pm on 31.12.2008, accordingly at 8:00 pm itself the petitioner wen

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