SUDHIR KUMAR SINHA Vs. THE STATE OF JHARKHAND
LAWS(JHAR)-2008-5-37
HIGH COURT OF JHARKHAND
Decided on May 06,2008

SUDHIR KUMAR SINHA Appellant
VERSUS
THE STATE OF JHARKHAND Respondents

JUDGEMENT

R.K.MERATHIA, J. - (1.) HEARD the parties finally.
(2.) PETITIONER had challenged the office order no. 187 dated 28.12.2006 issued by the Conservator of Forest, Hazaribagh Circle, Hazaribagh, initiating a departmental proceeding against him and also for quashing the office order no.46 contained in Memo No. 920 dated 13.3.2007, putting the petitioner under suspension. Mrs. Ritu Kumar, appearing for the petitioner, submitted that the petitioner was transferred on 18.5.2006 from the jurisdiction of Conservator of Forest, Hazaribagh Circle, Hazaribagh to the jurisdiction of the Conservator of Forest, Santhal Pargana Circle, Deoghar where he joined on 2.6.2006 and therefore the Conservator of Forest, Hazaribagh had no jurisdiction to initiate a departmental proceeding by order dated 28.12.2006 and to pass order of suspension dated 13.3.2007 as he was not the controlling/disciplinary authority of the petitioner after his said transfer.
(3.) MR . Shamim Akhtar, appearing for the State, on the other submitted that the cause of action for initiating the said departmental proceeding arose within Hazaribagh and therefore the said orders were rightly passed. He further submitted that there are serious charges against the petitioner of tampering with the maps and other records of the Forest Department in order to give benefit to several persons and thereby causing great loss to the Government. He further submitted that two FIRs were also lodged against the petitioner on 20.11.2006 and 3.4.2007 and he remained in custody between 22.12.2007 to 6.2.2008.;


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