BHUPENDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) CHALLENGE in this writ application is to the order dated 1.8.2005 (Annexure -9) passed by the 10/5/2014 Page 119 Sunanda Nandi Versus State Of Jharkhand Respondent No. 3 namely, the Home Secretary, State of Jharkhand and also to the order dated 29.8.2003 issued by the Respondent No. 4 namely, the Director General of Police, Jharkhand, whereby and whereunder the petitioner has been punished by way of stoppage of increments in his pay scale and also ordered for recovery of the cost of cartridges which are alleged to have been lost by the petitioner during the tenure of his service. While praying for issuance of an appropriate writ for quashing the impugned orders, the petitioner has also prayed for issuance of a writ in the nature of mandamus commanding upon the concerned respondents not to give effect to the orders which have been passed on the basis of Disciplinary Proceeding initiated by the Respondent No. 3, on the ground that such order was passed by the Respondent No. 3 without independent application of mind and without serving any prior show cause notice and legal opportunity of hearing, to the petitioner.

(3.) IT needs to be mentioned here that against the same impugned orders, the petitioner had earlier preferred a writ application vide W.P.(S) No. 4939 of 2003 which was disposed of by order dated