FEKU RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Kumar Shivam, learned counsel for the petitioner and Mr. Anshuman Kumar, learned counsel for the respondents-State.

(2.) This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

(3.) A preliminary objection has been taken in this case at the first instance wherein it has been stated that appeal will lie in view of Rule 25(ii) of Jharkhand Government Servant (Classification, Control and Appeal) Rules, 2016. Pursuant to that objection, the Court directed to produce the file of punishment relating to the petitioner to know how the file of the petitioner moved. The file was produced whereby it transpired that the punishment order has been passed by the Departmental Minister who was happened to the Chief Minister on that time and in view of this admitted facts, both the parties agreed that appeal will not lie and this fact has been recorded in the order dated 26.11.2020 and thereafter matter has been posted for hearing.