Daho Mahto vs Ashok Kumar Pathak And Ors
2021 Latest Caselaw 4503 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 A.C.(S.B.) No. 06 of 2017
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          Daho Mahto                                             ... Appellant(s)
                                      Versus.
          Ashok Kumar Pathak and Ors.                            ... Respondent(s)
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          CORAM: HON'BLE MR. JUSTICE ANANDA SEN.
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For the appellant(s): Mr. Saurabh Arun, Advocate. For Respondent No. 2: Mr. Sidhartha Roy, Advocate. For the JET: Mr. Sanjay Kr. Pandey, Advocate.

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07/30.11.2021: Counsel for the appellant submits that though by virtue of the order dated 18.8.2017, the respondent No. 1 has been reinstated in service but the opposite party is harping for release of 50% back wages.

It is submitted that the Tribunal has lost sight of several judgments of Hon'ble Supreme Court, wherein it has been held that in departmental proceeding if there is violation of principle of natural justice, by not furnishing second show cause, the inquiry should proceed from that stage after supplying the report to the delinquent. He further submits that there cannot be a direction to pay the back wages, automatically on reinstatement of an employee, the same should be paid. He submits that there is no pleading that the employee was unemployed during the period.

Counsel for the respondent prays for some time. Prayer is allowed.

List this case after three weeks.

In the meantime, no money will be disbursed to the employee pursuant to the order dated 18.8.2017 passed in Education Case No. 10/2015 (JET) by the Jharkhand Education Tribunal, Ranchi.

In the meantime, Call for the Lower Court Records.

Anu/-CP2. (ANANDA SEN, J.)