STATE OF JHARKHAND Vs. RAMCHANDRA PASWAN

JUDGEMENT

(1.) The appellant-State of Jharkhand has challenged the order dated 03.08.2016 passed in W.P.(S) No. 4385 of 2012, by which the penalty order dated 26.05.2012 has been quashed.

(2.) In the departmental enquiry, the writ petitioner-respondent (hereinafter referred to as the respondent) was inflicted penalty of censure and stoppage of two increments, however, without cumulative effect.

(3.) Two fold contentions have been raised by Mr. Shadab Bin Haque, the learned counsel for the appellants; (i) merely because a copy of the enquiry report has not been served upon the respondent the penalty inflicted upon the delinquent employee in a properly constituted departmental enquiry is not rendered illegal, and (ii) the writ Court in exercise of powers under Article 226 of the Constitution of India would not interfere with the findings of fact recorded by the departmental authorities and quash the order of punishment.