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2024 Supreme(Jhk) 212

S. N. PATHAK
Turiya Oraon – Appellant
Versus
State of Jharkhand through the Secretary / Principal Secretary, Road Construction Department, Ranchi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manoj Tandon, Ms. Neha Bhardwaj.
For the Respondents: Mr. Sudhanshu Kr Singh, AC to SC-II.

JUDGMENT :

Dr. S.N. Pathak, J.

Heard the learned counsel for the parties.

2. The petitioner has thrown challenge to the penalty order contained in Memo No. 80(S) dated 05.01.2012 passed by the Disciplinary Authority i.e. Engineer-in-Chief, Road Construction Department, Jharkhand, whereby the petitioner has been slapped with the punishment of stoppage of three increments with cumulative effect with a further direction to recover a sum of Rs.99,993.67/-. It has also been directed by this order that the petitioner would not be entitled for anything than what he has been paid under Rule 97 of the Jharkhand Service Code during the period of suspension. The appellate order contained in Memo No. 8125(S) dated 22.11.2012 Deputy Secretary, Road Construction Department, Govt. of Jharkhand, Ranchi is also under challenge.

3. Bereft of unnecessary details what has been pleaded in the writ petition are that the petitioner was appointed as Junior Engineer in the erstwhile State of Bihar in the month of December, 1995. After rendering around 14 years of service, he was suspended by office order dated 4.9.2009. A departmental proceeding was initiated by framing memo of charge on 9.2.2010 (Annexure2).

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