ANIL KUMAR Vs. STATE OF JHARKHAND
LAWS(JHAR)-2021-2-38
HIGH COURT OF JHARKHAND
Decided on February 09,2021

ANIL KUMAR Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Deepak Roshan,J. - (1.) Heard learned counsel for the parties through V.C.
(2.) The instant writ application has been preferred by the petitioner praying therein for quashing the order of punishment as contained in Memo No. 2703 dated 20.6.2007 (annexure 4) passed by Respondent No.4 whereby three punishments were awarded to the petitioner, i.e. (i) Stoppage of two increments with cumulative effect (ii) Nothing shall be paid except subsistence allowance during the period of suspension. (iii) The petitioner was transferred from Budmu to Anchal Raniya by way of punishment. The petitioner has also prayed for quashing the appellate order dated 28.7.2008 whereby the appeal preferred by the petitioner was rejected and communicated to this petitioner vide Memo No. 222 dated 01.8.2008 (Annexure 6).
(3.) The relevant fact necessary for disposal of the instant writ application is that the petitioner was appointed as Assistant Teacher on compassionate ground on account of death of his father on 28.03.1986. In the year 2006 the petitioner was suspended with effect from 17.5.2006. It has been alleged by the petitioner that the order of suspension was never handed over to him and he came to know about his suspension through a paper publication and thereafter he applied for the same under Right to Information Act, 2005. However, subsequently several documents were supplied to the petitioner except the suspension order as well as relieving order. A charge sheet has been issued to the petitioner under Memo No. 4414 dated 04.11.2006 whereby the Incharge Area Education Officer, Ranchi was appointed as the Inquiry Officer. Thereafter, the departmental proceeding was conducted by another Inquiry Officer who was the Block Education Extension Officer Ormanjhi and the said Inquiry Officer has prescribed a punishment to be imposed upon the petitioner and thereafter order of punishment was passed against this petitioner which was further challenged before the appellate authority but the appeal was also rejected. ;


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