DHARNIDHAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioner is aggrieved by the impugned order of his punishment, dated-07.01.2004, passed by the Disciplinary Authority, whereby a direction was issued for withholding his salary for the period during which he was suspended pending the departmental proceedings initiated against him.

(3.) It appears that earlier a similar order of punishment was passed against the petitioner, against which he filed a writ application before this Court. Upon hearing the counsel for the petitioner and the counsel for the Respondents, this Court had quashed the order of punishment and remitted the matter back to the Disciplinary authority for conducting a fresh enquiry. Upon the matter being remitted back, a fresh disciplinary proceeding was initiated against the petitioner but as per the petitioner's grievance, the same punishment, which was earlier imposed, was repeated and this time, purportedly, without application of mind and without affording the petitioner a reasonable and adequate opportunity of being heard and without considering the genuine explanations offered by him for his absence from duty.