STATE OF JHARKHAND Vs. ARVIND KUMAR

JUDGEMENT

(1.) The instant intra-court appeal, under clause 10 of the Letters Patent, has been preferred against the order/judgment dtd. 20/1/2021 passed by learned Single Judge of this Court in W.P. (S) No. 1093 of 2020 whereby and whereunder while allowing the writ petition the decision as contained in Resolution dtd. 25/7/2019 purported to be issued in exercise of power conferred under Rule 14(1) of the Jharkhand Government Servants (Classification, Control and Appeal) Rules, 2016 [hereinafter referred to as Rules, 2016"] by which the punishment of censure has been imposed upon the petitioner as also the decision as contained in Resolution dtd. 29/1/2020 by which the review application preferred by the petitioner was dismissed upholding the order of penalty dtd. 25/7/2019, have been quashed and set aside.

(2.) The brief facts of the case, as per pleadings made in the writ petition, read as hereunder:

(3.) Mr. Indranil Bhaduri, learned S.C. IV appearing for the appellants-State has submitted that since the order of punishment of 'Censure' is a minor punishment as such there is no requirement to follow the stipulation made under the provisions of Rule 19 of Rules, 2016, but the learned Single Judge without appreciating that aspect of the matter has quashed and set aside the order passed by the disciplinary authority and the reviewing authority. Therefore, the order passed by the learned Single Judge is not sustainable in the eye of law.