Parsan Baski vs The State Of Jharkhand
2022 Latest Caselaw 5038 Jhar

              THE HIGH COURT OF JHARKHAND AT RANCHI
                                      W.P. (S) No. 7450 of 2016
           Parsan Baski............                                 Petitioner(s)
                                       Versus
           1. The State of Jharkhand
           2. The I.G. of Police, Santhal Pargana Region, Dumka
           3. The DIG of Police, Santhal Pargana Region, Dumka
           4. The Superintendent of Police, Deoghar............ Respondents
                                       ......

Coram: Hon'ble Mr. Justice Ananda Sen ......

For the Petitioner : Mr. Anil Kumar Sinha, Sr. Advocate For the Respondents : Mr. Mrinak Kanti Roy, GA-I ......

08/12.12.2022 This writ application can be disposed of at this stage itself on a very short point.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has been punished by the impugned order dated 08.09.2014, without issuing second show cause notice annexing the copy of the enquiry report. He submits that the punishment is of termination, which is a major punishment and could not have been passed without issuing second show cause notice alongwith the enquiry report in terms of the judgment passed by the Hon'ble Supreme Court in the case of "ECIL- versus- B. Karunakar, reported in (1993) 4 SCC 727".

Mr. M.K.Roy, learned counsel for the respondents submits that opportunity of cross-examination was given to the petitioner during enquiry proceeding, but after going through the entire original records, he admits that there is nothing on record to suggest that second show cause notice was issued to the petitioner annexing a copy of the enquiry report.

Considering the aforesaid fact, I am inclined to set aside the impugned order of punishment dated 08.09.2014. Accordingly, the punishment order dated 08.09.2014, is hereby set aside with a liberty to the respondents to proceed accordingly.

This writ application stands disposed of.

(Ananda Sen, J) Mukund/-