RAJEEV KUMAR Vs. STATE OF JHARKHAND THROUGH SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT
LAWS(JHAR)-2010-11-38
HIGH COURT OF JHARKHAND
Decided on November 26,2010

RAJEEV KUMAR Appellant
VERSUS
State Of Jharkhand Through Secretary, Personnel And Administrative Reforms Department Respondents

JUDGEMENT

- (1.) The present review petition is filed by the petitioner feeling aggrieved by the decision of this Court in W.P.(S) No. 2529 of 2006, dated 20.03.2007. The present judgment against which the review has been filed was also assailed in Special Leave Petition before the Hon'ble Supreme Court. The Special Leave Petition filed by the petitioner has been dismissed by the Hon'ble Supreme Court in following terms: - "Upon hearing counsel the Court made the following Order:- The special leave petition is dismissed."
(2.) The counsel for the petitioner submits that notwithstanding dismissal of his Special Leave Petition, he is entitled to file the review petition because the order, aforesaid, as passed by the Hon'ble Supreme Court is not a speaking order and thus, the present review is maintainable. The present review petition is filed in relation to the decision, which was rendered in writ petition in which the petitioner has prayed, inter alia, the following: - That the instant writ application is being filed for issuance of a writ of or in the nature of certiorari, quashing the notification dated 11.3.06 issued by respondent N.1 by the orders of the Governor of Jharkhand on the recommendation of respondent No.2, so far as it relates to imputation of adverse remark "Service found unsatisfactory", without affording any opportunity of hearing as to the rason d' etre for coming to such conclusion though the petitioner has rendered more than four years of unblemished career for the entire period of four years : And For payment of GPF, arrears of salary, leave salary dues which has not yet been paid for the reasons best known leading to financial crunch.
(3.) The prayer, aforesaid, clearly demonstrates that the petitioner has simply asked for expunging of remarks "service found unsatisfactory" and he has not asked for setting aside the order of his dispensation of service. The other prayers, however, are of no greater importance as the only emphasis of the petitioner, while arguing, was on expunging of remarks from the order of dispensation of service in the following terms.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.