SHEO PRASAD PATHAK Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-10-27
HIGH COURT OF JHARKHAND
Decided on October 27,2009

Sheo Prasad Pathak Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD the counsel for the parties.
(2.) THE petitioner was a Range Officer and in the year 1994 -95 he was posted as such at Chaibasa. At that time, the petitioner was put under suspension on 15.7.1995, in contemplation of a departmental proceeding. The memo of charge was served on him to which he submitted his show cause and a departmental proceeding was initiated against him. The allegation against the petitioner was for misappropriation of Rs. 33.76 lakhs and Rs. 85,786/ - . Since the departmental proceeding was not being concluded, the petitioner moved this Court by filing C.W.J.C. No. 3515 of 1997(R), making a grievance that though he was put under suspension in the year 1995 but the departmental proceeding was not being concluded. A copy of the order dated 3.11.1998, passed in the aforesaid C.W.J.C. No. 3515/1997(R) has been annexed as Annexure -3 to the writ petition from which it appears that it was taken note of the fact that because of the non - cooperation on the part of the petitioner the proceeding was being delayed. Accordingly, the said writ petition was disposed of with a direction to the authority concerned to conclude the departrnental proceeding within a period of six months from the date of appearance of the petitioner. It was also observed that even if the petitioner does not appear, the authority concerned shall dispose of the proceeding on the basis of the materials on record.
(3.) THE petitioner, thereafter, filed letters patent appeal against the said order passed in the writ petition, which was also dismissed on 10.5.1999.;


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