BINOD TIWARI, S/O LATE BASUDEO TIWARI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2016-5-62
HIGH COURT OF JHARKHAND
Decided on May 16,2016

Binod Tiwari, S/O Late Basudeo Tiwari Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

VIRENDER SINGH,J. - (1.) I.A. No. 67 of 2016 For the reasons carved out in the instant application and there being delay of only 32 days, to which learned counsel for the respondentState has not raised any objection, the said delay hereby stands condoned. I.A. No. 67 of 2016 stands disposed of. L.P.A. No. 14 of 2016 Challenging the order of dismissal from service, the appellantwrit petitioner (hereinafter referred to as 'petitioner') approached the Writ Court in W.P.(S) No. 5601 of 2012 which stands dismissed vide judgment dated 30.10.2015, aggrieved thereof, the petitioner has filed the instant Letters Patent Appeal.
(2.) Heard the learned counsel for the parties and perused the documents on record.
(3.) Mr. Pramod Kumar, the learned counsel for the petitioner submits that the plea of illness taken by the petitioner must lead to a conclusion that the absence from duty was unintentional and once it is found so, the penalty of dismissal from service for unauthorised absence for 94 days was definitely disproportionate to the charges framed against the petitioner.;


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