Narendra Nath Tiwari, J. - (1.) IN this petition, the petitioner has prayed for quashing the order dated 13.05.2011 passed by the Commissioner, Civil Defence, Jharkhand. One of the main grounds, which has been vehemently argued by learned counsel for the petitioner, is that the same person, who was the complainant, submitted charge sheet, enquired into the charges and passed impugned order of punishment and, thus, there is a blatant violation of rule of fair play and principle of natural justice. The entire proceeding and the order is arbitrary, illegal and is liable to be quashed.
(2.) THE respondents have opposed the writ petition by filing counter affidavit. However, they have not denied the said facts, in the counter affidavit. Learned J.C. to A.G., appearing on behalf of the respondents, has also fairly admitted the said factual position.
(3.) ON perusal of the record, I also find that the same person had issued charge sheet, held enquiry and passed impugned order and awarded punishment of dismissal from service.;