Mr. Anil Kumar Sinha vs Mr. Sharabil Ahmed
2021 Latest Caselaw 1339 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              W.P.(S). No. 471 of 2018
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CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK (Through: Video Conferencing)

For the Petitioner : Mr. Anil Kumar Sinha, Sr. Advocate For the Respondents : Mr. Sharabil Ahmed, AC to SC (Mines)

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07/ 16.03.2021 Heard the parties.

It is the specific contention of Mr. Anil Kumar Sinha, learned senior counsel for the petitioner that the order of the disciplinary authority suffers from several irregularities as Rule 18(2) of CCS Rules has been given complete go-bye. Relying on plethora of judgments, learned senior counsel submits that it is a case of delay proceeding and further Senior Officers have been left escort free whereas, Juniors are punished. Learned counsel further submits that in view of ratio laid down by Hon'ble Apex Court in its judgment reported in case of Yoginath D. Bagde Vs. State of Maharashtra & Anr. [(1999) 7 SCC 739], it is incumbent upon the disciplinary authority to issue show-cause notice and assign reasons for differing with the enquiry report. It has been vociferously argued by Mr. Sinha that it is a case of no evidence.

On the other hand, learned counsel appearing for the respondent- State, relying on the judgment passed in case of State of Karnataka & Anr. Vs. N. Gangaraj [(2020) 3 SCC 423], submits that this Court sitting under Article 226 of the Constitution cannot review or interfere with the findings of fact.

On the request of learned counsel for the parties, let this case be listed after two weeks under the same heading.

(Dr. S.N. Pathak, J.) kunal/