- (1.) The appellant -State of Jharkhand is aggrieved of the order dated 18.08.2009 in W.P.(S) No. 3997 of 2003 whereby, the learned Single Judge quashed the order of termination of the petitioner's service.
(2.) The facts of the case narrated in the writ petition are summarised thus; "The respondent was appointed on 27.11.1984 on a vacant post of Accounts Clerk for a period of six months. He was transferred on 22.09.1985 on a vacant post of Accounts Clerk in the office of Superintending Engineer, Ranchi. After about 14 years of continuous service, on a complaint made by the local M.L.A., the respondent was put under suspension vide, order dated 28.11.1998. The respondent approached this Court in C.W.J.C. No. 3589 of 2000 (R) which was disposed on 18.10.2000. The respondent again approached this Court in W.P.(S) No. 5122 of 2001 which was disposed of vide order dated 09.10.2001, holding that if final order is not passed within two months, order of suspension shall stand revoked. The appellant -State of Jharkhand revoked the order of suspension on 28.02.2002 and the respondent was posted in the office of Building Division -I, Ranchi, where he joined on 07.03.2002. The respondent -workman was issued show -cause notice dated 10.04.2002 to which he responded by filing his reply dated 15.04.2002 and the report was submitted on 24.02.2002, recommending that the service of the writ petitioner may be regularised. A second show -cause notice was issued to the respondent on 22.02.2003 and, vide order dated 03.05.2003, the writ petitioner was dismissed from service. In the aforesaid facts, the respondent -employee approached the Writ Court."
(3.) Heard learned counsel for the parties and perused the documents on record.;