STATE OF JHARKHAND Vs. VISHWANATH SAH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appellant State is aggrieved against the order passed by the learned Single Judge on 12.01.2009 in W.P. (S) No. 33 of 2009. The learned Single Judge allowed the writ petition of the petitioner -respondent No. 1 and set aside the order dated 15th September, 2008 and 19th September, 2008.

(3.) IT appears from the impugned order that the writ petition of the petitioner has been allowed as, on behalf of the State, consent was given for deciding the writ petition at the admission stage and it appears from the record of the writ petition that no reply was even filed on behalf of the State before the learned Single Judge. Learned Single Judge observed in the impugned order that there is no reference of even the date of the resignation and also proceeded to observe that so called letter of resignation of 1976 has been sought to be used after 32 years by the respondent State, which clearly indicates towards arbitrariness and illegality, which cannot be sustained. In this background, the orders impugned were set aside. Hence the State has preferred this appeal.