SHASHI BHUSHAN DUBEY Vs. STATE OF JHARKHAND
LAWS(JHAR)-2019-10-28
HIGH COURT OF JHARKHAND
Decided on October 15,2019

Shashi Bhushan Dubey Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) The petitioner has invoked the writ jurisdiction under Article 226 of the Constitution of India for following reliefs:- (a) To quash the entire disciplinary proceeding including office order no.1933/12, Memo No.S.SH, 1455, Order dated 01.11.2012 passed by the respondent No.3 in appeal against the order passed by the respondent no.4 in departmental proceeding against this petitioner respectively as this orders are illegal, arbitrary without giving any opportunity to this petitioner and without jurisdiction. (b) for quashing the office order no.1183/12, Memo No.224/GO, Order dated 16.06.2012, passed by respondent No.4 against this petitioner in departmental proceeding no.08/12. (c) For issuance appropirate direction to the concern respondent for considering all the consequntial benefits arising outs the services of this petitioner including promotion, salary py incrment etc.
(2.) The writ application has been filed on 16.07.2014 and the same was dismissed for default for non- compliance of order dated 15.01.2015, whereby petitioner was directed to remove the defects within the period of two weeks failing which this petition shall stand dismissed without further reference to a Bench. Thereafter C.M.P No.433/16 was filed for restoration of the instant writ petition and the same was allowed vide order dated 5.05.2017 and W.P. (S) No.3543/14 was restored to its original file.
(3.) Learned counsel for the petitioner during course of arguments referred the averments made in this writ petition and submitted that the petitioner is the constable in the Jharkhand Armed Police-9 and petitioner along with Officer/Havaldar/constable were assigned carrying the Heavy arms and ammunition from Sahebganj Head Quarter to the I-company headquarter posted at Silli Thana (Ranchi).;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.