Radhey Shyam Pandey vs The State Of Jharkhand
2021 Latest Caselaw 3516 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  W.P.(S) No. 5912 of 2010
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Radhey Shyam Pandey ..... Petitioner Versus

1. The State of Jharkhand

2. The I.G. (Prison) Govt. of Jharkhand, Ranchi

3. The Home Secretary, Govt. of Jharkhand, Ranchi

4. The Jail Supdt., Birsa Munda Central Jail, Hotwar, Ranchi

5. The Jail Supdt., Jamshedpur, East Singhbhum ..... Respondents

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr. Binod Kumar Dubey, Advocate For the Respondents : Mr. Rahul Saboo, S.C.I

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09/21.09.2021 Heard learned counsel for the parties through V.C.

2. The instant writ application has been preferred by the petitioner praying therein for quashing of the order dated 20.8.2007 whereby the punishment has been imposed upon the petitioner for withholding five annual increments with cumulative effect as well as no promotion will be given for the next five years and it was also ordered that he will not be granted full salary during the period of suspension.

3. Mr. V.K. Dubey, learned counsel for the petitioner submits that this is a case in which the impugned order should be quashed and set aside for the reason that no witness has been examined by the Disciplinary Authority.

4. He further referred to a judgment passed in the case of State of U.P. & Ors. v. Saroj Kumar Sinha reported in (2010) 2 SCC 772 wherein at Paragraph 28 the Hon'ble Apex Court has held that since no oral evidence has been examined, the documents have not been proved and could not have been taken into consideration to conclude that the charges have been proved against the delinquent.

5. A preliminary objection has been raised by Mr. Rahul Saboo, learned S.C.I that appeal has not been filed in this case, inasmuch as, as per Rule 189 of Bihar Jail Manual, the petitioner should have filed an appeal.

6. In view of the aforesaid facts, the instant writ application is hereby disposed of by giving liberty to the petitioner to file an appeal before Respondent No. 2.

If any appeal will be filed by the petitioner before the Respondent No.2; same shall be decided in accordance with law and Rule 189 of the Bihar Jail Manual keeping in mind the pendency of this case before this court.

7. It is made clear that this court has not gone into the merits of the case.

8. With the aforesaid direction and observation, this writ application stands disposed of.

(Deepak Roshan, J.)

sm/