MANOJ KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred mainly because of an order passed by concerned respondent authority dated 28th November, 2001 whereby on the basis of the charge levelled against the present petitioner and without giving any opportunity of being heard and without conducting any enquiry worth therein and without enquiry report directly punishment has been inflicted upon the present petitioner by the concerned respondent authority whereby one annual increment has been stopped with all future effect. The said order is at Annexure -1 to the memo of the present petition.

(2.) IT is also submitted by the counsel for the petitioner, whatever notices were issued have been replied by the present petitioner. The said replies are Annexure -2 onwards wherein it has been stated that proper enquiry may be concluded and petitioner may be exonerated from the charges. Thus, the charges were denied but no enquiry was conducted much less, there is enquiry report. Directly, a punishment has been inflicted and an order at Annexure -1 dated 28th November, 2001 has been passed and therefore it deserves to be quashed and set aside.

(3.) HAVING heard counsel for both the sides and looking to the facts and circumstances of the case, I hereby quash and set aside the order passed by the concerned respondent authority dated 28th November, 2001 which is Annexure -1 to the memo of the present petition, for the following facts and reasons: -