SHAMBHU NATH PAL Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The only question which calls for consideration is, whether the appellant was afforded reasonable opportunity to defend himself

(2.) The facts, which are not in dispute are recorded hereunder; The appellantwrit petitioner (hereinafter referred to as petitioner) was appointed on a ClassIV post in the year 1980 and he was promoted to ClassIII in the year 1992. While he was working as Incharge Nazir, Shikaripara Block, a preliminary enquiry was conducted by the Block Legal Supervisor in which certain irregularities were found. A chargememo in PrapatraK was served upon the petitioner on 31.05.2007 and he was put under suspension. He submitted his explanation to the charges vide his representation dated 24.10.2008. He was issued a second showcause notice on 04.04.2009, in response thereof, he submitted representation dated 29.04.2009. The Deputy Commissioner, Dumka passed order dated 24.12.2009 dismissing the petitioner from service.

(3.) During the course of hearing Mr. Shadab Bin Haque, J.C. to G.P. I, the learned counsel for the State has drawn our attention to the second showcause notice dated 04.04.2009 which refers to enquiry report dated 06.03.2009, to contend that in a properly constituted enquiry, charges framed against the petitioner have been found proved and while so, the learned Writ Court has rightly dismissed the writ petition.