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2024 Supreme(Jhk) 210

S. N. PATHAK
Rameshwar Mishra – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajendra Krishna, Mr. Ajay Kr. Pathak, Advocate
For the Respondents: Mr. J.F. Toppo, Mr. Neil Abhijeet Toppo, AC to GA-V

JUDGMENT :

S.N. Pathak, J.

Heard the parties.

Prayers made

2. Petitioner has assailed the order of punishment contained in Memo No. 698 dated 22.04.2015 (Annexure-16) issued by the Deputy Inspector General of Police, North Chotanagpur Range, Hazaribagh (respondent No. 2), in Departmental Proceeding no. 68/2011 as also the appellate order contained in Memo No. 417/D dated 16.11.2016, passed by respondent No. 1, by which the petitioner has been removed from service with a rider that pension and other retiral benefits would be decided in accordance with the Rules and upon Appeal the order of punishment has been affirmed by the Appellate Authority.

Petitioner has also prayed that after quashment of the aforesaid orders, directions be issued to respondents to reinstate the petitioner into service with all consequential benefits.

Factual Matrix

3. Shorn of unnecessary details, the respondent No. 2 instituted an FIR being Vishnugarh P.S. Case No. 114/2011 against the petitioner, who was the then A.S.I. of the said Police Station, alleging therein that on 17.11.2011, when the respondent No. 2 was at his residence, the petitioner came to his house and started abusing him. Upon hearing the noise, w

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