NAGESHWAR BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court for quashing the penalty order dated 16.02.2001 and appellate order dated 06.03.2003. The brief facts of the case are that, on 04.02.1997 a First Information Report being Dhanbad PS. Case No. 66 of 1997 was registered. A charge memo was issued to the petitioner on 26.02.1997 and an enquiry was initiated against the petitioner. The enquiry report dated 11.08.2000 was submitted finding the charge against the petitioner proved. The penalty order dated 16.02.2001, dismissing the petitioner from service, was passed by Respondent No. 4 and the appeal preferred by the petitioner has been dismissed on 06.03.2003 and therefore, the petitioner has approached this Court by filing the present writ petition.

(2.) A counter-affidavit has been filed on behalf of Respondent Nos. 2, 4 and 5 stating as under:

(3.) When the matter was listed on 30.08.2013, the following order was passed,