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S. N. PATHAK
Kishun Gope – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S. N. Pathak, J.
Heard the parties.
2. Petitioner has approached this Court with a prayer for quashing the order dated 10.11.2014, passed by the Commissioner, Ranchi in Appeal under Rule 4 of the Bihar and Orissa Subordinate Services (Disciplinary and Appeal) Rules, 1935 against the order dated 08.01.2014, passed by the Deputy Commissioner, Simdega.
Further prayer has been made to quash and set aside the order dated 08.01.2014, passed by Deputy Commissioner, Simdega, communicated to the petitioner on 16.01.2014 vide Memo No. 13, dated 11.01.2014, dismissing the petitioner from service under Rule 19 of the Jharkhand Panchayat Secretary (Appointment, Service Condition and Duty), Rules, 2002 Rule 2 (VIII) of Bihar & Orissa Subordinate Officer (Disciplinary and Appeal) Rules, 1935 and Rule 165 of the Bihar/Jharkhand Board Miscellaneous Rules, on the basis of Enquiry Report of Gandur Bhagat, Project Officer, Meso Area, Simdega in departmental Enquiry No. 01 of 2009.
3. The fact of the case in brief is that petitioner was working as a Panchayat Sewak under Kurdeg Block, Simdega and had to follow the instructions of the concerned Block Development Officer. Pursuant to memo no. 63(ii
The court upheld the dismissal of the petitioner, affirming that the inquiry was conducted fairly and in accordance with legal principles, with no grounds for interference.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
The court emphasized the importance of integrity in the judiciary and the limited scope of judicial review in disciplinary matters.
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