DUKHAN GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner submitted that without giving any show cause notice, salary of the petitioner for the period, running from 1st July, 2002 till 31st December, 2008 has been ordered to be recovered by the order of the Circle Officer, Bermo vide his order dated 16th March, 2010, which is at Annexure-1 to the memo of petition and which is under challenge in this writ petition. Learned counsel for the petitioner submitted that the service book is maintained and preserved by the respondents and for no fault of the petitioner, he was continued in service up to 31st December, 2008. The petitioner was paid salary also and abruptly without giving any show cause notice and without providing any opportunity of being heard to the petitioner, on 16th March, 2010 an order has been passed for depositing the salary for the period, running from 1st July, 2002 till 31st December, 2008.

(2.) It is further submitted by the learned counsel for the petitioner that as per the counter affidavit, filed by the respondents, allegation has been levelled that the petitioner has acted in collusion with one Record Keeper, but, no action has been taken against the so-called Record Keeper for the allegation, which is levelled in the counter affidavit. Neither any show cause notice has been given nor any inquiry report has been given nor any opportunity of being heard has been given to the petitioner, before passing the impugned order.

(3.) It is further submitted by the learned counsel for the petitioner that the reasons, which are not stated in the impugned order, cannot be given in the counter affidavit and has relied upon the decision, rendered by Hon'ble Supreme Court in the case of Mohinder Singh Gill and Anr. vs. The Chief Election Commissioner, New Delhi and Ors., 1978 1 SCC 405.