SATISH KAPARI Vs. STATE JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order dated 04.07.2018 passed by the Commissioner, Santhal Pargana Division, Dumka, is under challenge, by which, the appeal filed by the petitioner against the order of the Deputy Commissioner, Dumka dated 05.02.2015 passed in P.D. Case No.15 of 2010-11 has been affirmed by dismissing the appeal filed against the said order.

(2.) It is the case of the petitioner that he has been appointed as Pradhan since long and the father of the petitioner namely Sarju Kapari was the Pradhan of the village and after his death, the petitioner was appointed as Pradhan of the Village vide order dated 02.12.1986 passed by the Sub Divisional Officer, Dumka in P.A. Case No.93 of 1985-86.

(3.) Mr. Rajiv N. Prasad, learned counsel for the petitioner, has submitted that when there is conclusive inquiry report submitted by the Circle Officer as would appear from annexure-3 series, therefore, it was incumbent upon the competent authority to take decision for dismissal of Pradhani right of the petitioner after appreciating the said inquiry report but having not done so, gross illegality has been committed.