STATE OF JHARKHAND Vs. SAROJ BALA SINHA

JUDGEMENT

(1.) CWJC No. 1422 of 1995 was filed by the respondent (who has been substituted by his legal heirs vide order dtd. 6/9/2016) against the order dtd. 12/8/1983 by which he was dismissed from service. The writ Court vide order dtd. 23/2/2004 set-aside the order of dismissal on the ground that necessary documents were not provided to the charged officer and remitted the matter back to the department for initiating a fresh inquiry by making available necessary documents to him.

(2.) In WP(S) No.4676 of 2007, the learned Single Judge of this Court held that inspite of a specific direction passed in CWJC No. 1422 of 1995 necessary documents were not supplied to the charged officer and therefore the order of dismissal dtd. 21/9/2005 has been passed in breach of the rules of natural justice. A direction was issued to the respondent-State to calculate pensionary benefits of the writ petitioner counting the period between the order of dismissal and the date of his superannuation from service.

(3.) The State of Jharkhand is in appeal against the order dtd. 26/11/2014 passed in WP(S) No. 4676 of 2007.