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2024 Supreme(Jhk) 132

SANJAY PRASAD
Israil Ansari – Appellant
Versus
State of Jharkhand, through its Chief Secretary, Government of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.K. Sahani.
For the State : Mr. Abhinay Kumar, A.C. to G.A.-I.

JUDGMENT :

Sanjay Prasad, J.

This writ petition has been filed on behalf of the petitioner challenging the order of punishment dated 31.01.2016, by which the petitioner has been dismissed from service on account of his absence (Annexure-2), the Appellate Order as contained in Memo No 829 dated 23.09.2016 (Annexure-5) affirming the order of punishment and the Revisional Order as contained in Memo No. 274 dated 28.11.2017 (Annexure-7) affirming the appellate order.

2. Heard Mr. A.K. Sahni, learned counsel for the petitioner and Mr. Abhinay Kumar, learned A.C. to G.A.I.

3. Learned counsel for the petitioner has submitted that the impugned orders, i.e. Order of punishment dated 31.01.2016, Appellate Order dated 23.09.2016 and the Revisional Order dated 28.11.2017, contained in Annexures 2, Annexure 5 and Annexure 7 respectively are illegal, arbitrary and not sustainable in the eye of law.

It is submitted that before passing the order of dismissal neither the enquiry report has been served nor second show-cause has been issued upon the petitioner. It is submitted that even the evidence of witnesses, who were examined in the Departmental Proceeding, was not served upon the petitioner and as s

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