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2023 Supreme(Online)(JHK) 9886

HIGH COURT OF JHARKHAND
MR. JUSTICE SHREE CHANDRASHEKHAR, MRS. JUSTICE ANUBHA RAWAT CHOUDHARY, JJ
THE STATE OF JHARKHAND THROUGH SECRETARY DRINKING WATER AND SANITATION DEPTT – Appellant
Versus
SANJAY KUMAR – Respondent


ORDER

21 st November 2023

Per, Shree Chandrashekhar, J.

By an order dated 14 th July 2022, the writ Court quashed the punishment order contained in Memo No. 2173 dated 19 th June 2019 passed against Sanjay Kumar and sent back the matter for a fresh consideration “from the stage of issuance of charge memo” by the Secretary, Drinking Water and Sanitation Department of the Government of Jharkhand.

2. This order of the writ Court passed in WP(S) No. 4795 of 2019 has been challenged by the State of Jharkhand.

3. Briefly stated, the respondent who was the writ petitioner entered in service as Executive Engineer on 12 th June 1997 in the Drinking Water and Sanitation Department at Giridih (Division - I). By a letter bearing No. 5505 dated 31 st November 2017, he was issued a show - cause notice on the allegations of (i) delay in filing of appeal which caused additional financial liability (ii) misuse of official power and depositing money in the bank account of his son and wife (iii) lack of modesty and devotion to duty (iv) taking loan of Rs. 50,000/ - from one individual and (v) retaining the government house illegally. The reply submitted by the respondent on 19 th December 2017 was not acc

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