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2024 Supreme(Jhk) 130

SANJAY PRASAD
Usha Rani – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Saurabh Shekhar, Adv., Mr. Anurag Kumar, Adv., Mr. Aman Dayal Singh, Adv.
For the Respondents: Mrs. Vandana Singh, Sr. S.C.-III Mr. Ashwini Bhushan, A.C. to Sr. S.C.-III

JUDGMENT :

Sanjay Prasad, J.

This writ petition has been filed on behalf of the petitioner for quashing the order of punishment dated 21.11.2016, as contained in the Order passed vide Memo No. 3132 (Annexure-14 to this writ application), whereby punishment of “reduction to lowest scale of the cadre” has been awarded to the petitioner passed after conclusion of the departmental proceeding and for a direction upon the respondents to release the entire arrears of salary and the entire consequential benefits, which has been withheld due to the order of punishment dated 21.11.2016

2. Heard Mr. Saurav Shekhar, learned counsel for the petitioner and Mrs. Vandana Singh, learned Sr.S.C.-III, learned counsel for the State.

3. Learned counsel for the petitioner has submitted that the impugned order dated 21.11.2016 is illegal, arbitrary and not sustainable in the eye of law. It is submitted that the order of punishment dated 21.11.2016 has been passed in violation of principles of natural justice and without examining any witness. It is submitted that the Departmental Proceeding has been initiated vide order contained in Memo No. 1393 dated 20.09.2007 (Annexure-4) and Charges were framed again

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