7/ 25.02.2021 Heard Mr. Samavesh ... vs Unknown
2021 Latest Caselaw 966 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                W.P.(S) No. 324 of 2007
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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17/ 25.02.2021 Heard Mr. Samavesh Bhanj Deo, learned counsel for the petitioner and Mr. Mrinal Kanti Roy, learned counsel for the respondent through V.C.

2. The petitioner raised following contention in assailing the

impugned order of termination:

(i) The disciplinary authority is basically the appellate authority, as such, the petitioner has been deprived to appeal against the order passed by the disciplinary authority. In support of this contention, learned counsel relied upon the judgment passed in W.P.(S) No.5987 of 2008.

(ii) The disciplinary authority while disagreeing with the view of the Inquiry Officer who had exonerated the petitioner from charges did not issue any show cause notice rather changed the Inquiry Officer itself which is not permissible in the eye of law. In support of his contention he relied upon the judgment reported in (1998) 7 SCC 84 para 17-19.

(iii) The entire punishment has been imposed on the basis of document but no witness has been examined and document has not been accepted which is against the settled principle of law and the case has become case of no evidence.

3. Mr. Mrinal Kanti Roy, learned counsel for the respondent seeks

adjournment to reply on this issue on the next date of hearing.

4. Put up this case on 05.03.2021.

(Deepak Roshan, J.)

Pramanik/