SHAMBHU NATH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the Petitioner has prayed for quashing the order dated 19th April, 2002 passed by the Respondent No. 2, whereby the Petitioner has been awarded major punishment of reversion from GradeIII post to GradeIV post.

(2.) THE grievance of the Petitioner is that the order dated 19th April, 2002 has been passed without giving him opportunity of filing second show cause. The Petitioner was also not given opportunity to meet the finding of the Enquiry Officer, as the enquiry report was not served on him.

(3.) I have heard learned Counsel for the parties and considered the facts and materials on record. The Petitioner has challenged the impugned order, contained in Annexure 8 , mainly on the ground of violation of principle of natural justice in 2 passing the impugned order of punishment against the Petitioner. It has been contended that though the Respondents claimed to have enquired into the charges, which are said to be proved on enquiry, the enquiry report was not served on the Petitioner. The second ground for challenging the impugned order is that in spite of the decision of the disciplinary authority to award punishment of reduction in rank, opportunity for filing second show cause reply has not been given to the Petitioner. The said grounds remained uncontroverted by the Respondents. In the counter affidavit though a vague statement has been made that the Petitioner was given sufficient opportunity for defending himself, No. statement has been made regarding denial of opportunity to meet the enquiry report. There is also No. denial of the fact that the enquiry report was not served on the Petitioner.