Kajal Kumar Dubey vs The State Of Jharkhand & Ors
2021 Latest Caselaw 1665 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI

                        W.P. (S) No. 1731 of 2020
           Kajal Kumar Dubey.                                     ...      ...      ...     ...Petitioner
                                -Versus-
           The State of Jharkhand & Ors.         ...    ...  ...                            ...Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK (Through: Video Conferencing) For the Petitioner : Mr. J.P.Jha, Sr. Advocate.

: Mr. Binod Kumar Jha, Advocate.

For the Respondent-State : Mr. Gaurav Abhishek, A.C. to A.G.

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I.A.No.1518 of 2021

05/ 07.04.2021 Learned Counsel for the petitioner does not want to press this

Interlocutory Application.

Accordingly, this Interlocutory Application is dismissed as not pressed.

W.P. (S) No. 1731 of 2020

Mr. J.P. Jha, learned Sr. Counsel assisted by Mr. Binod Kumar Jha assails

the impugned orders on the sole ground that though he has been exonerated by the

Enquiry Officer but the disciplinary authority without assigning reasons differing with

the enquiry report has inflicted punishment of one black mark.

Learned Sr. Counsel places heavy reliance on the judgment of Hon'ble

Apex Court in case of "Ram Kishan vrs. U.O.I.", reported in (1995) 6 SCC 157.

Further it was argued by learned Sr. Counsel that the show-cause issued

by the disciplinary authority was a mere formality as no reasons have been assigned and

without assigning reasons punishment has been inflicted. It has been further argued that

in absence of any ground or reasons in the show-cause notice it amounts to empty

formality which has caused prejudice to the delinquent officer which would result

injustice to him.

Mr. Gaurav Abhishek, learned Counsel appearing for the State

vehemently opposing the contention of learned Sr. Counsel Mr. J.P. Jha argues that

petitioner was given ample opportunity to file his reply to the show-cause dated

23.09.2019 and all the procedures were followed in the departmental proceeding and

after that punishment was inflicted.

It has been argued that petitioner failed to file his reply and as such it can

comfortably be inferred that petitioner was not prejudiced by the order of the disciplinary

authority assigning no reasons while inflicting punishment.

It is specific case of the petitioner that without differing with the enquiry

report the disciplinary authority has inflicted order of punishment. From the entire

records I do not find the show-cause reply. The petitioner is directed to bring on record

the show-cause reply filed by the petitioner.

Put up this case on 20.04.2021 under the heading for "Final Disposal".

[Dr. S.N.Pathak, J.]

P.K.S.