J.C.S. Rawat, J. - (1.) HEARD the counsel for the Petitioner and the Respondents
(2.) THIS writ petition under Article 226 of the Constitution of India has been filed on behalf of the Petitioner seeking quashing of the order dated 6.12.2003 (annexure 8) by which the appellate authority Respondent No. 2 has confirmed the order dated 18.4.2000 (Annexure -7) passed by the Director, Primary Education Department, Government of Jharkhand contained in annexure 3 by which the two increments of the Petitioner have been withheld with cumulative effect. It is not in dispute that the Petitioner preferred a writ petition being WP (S) No. 5096 of 2002 which was decided by order dated 29.7.2003. After considering the writ petition and the entire documents annexed therewith, the Court was of the opinion that the order of punishment has been passed after complying with the requirements of law. Therefore, the Court was not inclined to interfere with the same However, liberty was given to the Petitioner to file an appeal before the competent authority. Learned Counsel for the Petitioner contended that the order of punishment as contained in Annexure 7 to the writ petition was passed in violation of the principles of natural justice for the reasons of non supply of the enquiry report to the Petitioner and that the departmental proceedings had been proceeded ex parte. He further contended that the enquiry report is also arbitrary and illegal inasmuch as it suffers from bias, prejudice and mala fide because the enquiry officer and the appellate authority is the same person who had initiated the enquiry against the Petitioner.
(3.) LEARNED Counsel for the Respondents refuted the contention and contended that the Petitioner had already filed writ petition challenging the impugned order (annexure 7) before this Court in which the Court has specifically held that the impugned order of punishment is not in violation of the of the requirements of law. A copy of the said order has been filed as annexure A to the counter affidavit.;