UMBLAN KERKETTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant writ application has been preferred by the petitioner praying therein for quashing the order dtd. 30.06.2008 passed by respondent No.4 whereby petitioner's prayer to allow him to resume his duty forthwith has been rejected without taking into consideration that no departmental proceeding was initiated in terms of provision of Rules under the Civil Services (Classification, Control and Appeal) Rules and the Bihar and Orissa Subordinate Services (Discipline and Appeal) Rules, although the petitioner's service has been regularized vide judgment dtd. 08.04.1997 passed in C.W.J.C. No.12147 of 1993.

(3.) Mr. S.P.Sinha, learned counsel for the petitioner draws attention of this Court towards Annexure-3 and submits that the petitioner had earlier moved before Patna High Court against the order of dismissal in C.W.J.C. No.12147 of 1993. He further submits that the said case was allowed and the impugned order was quashed and set aside. Paragraph No.7 of the aforesaid order is quoted herein below:-