Sukhan Ram Laguri vs The Union Of India And Ors
2022 Latest Caselaw 5087 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   W.P.(S) No. 4897 of 2013

                 Sukhan Ram Laguri                                ...       ...    Petitioner
                                         Versus
                 The Union of India and Ors.               ...          ...       Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Saurabh Shekhar, Advocate For the Respondents : Mrs. Nita Krishna, Advocate

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10/15.12.2022 Learned counsel for the petitioner Mr. Saurabh Shekhar, is present.

2. Learned counsel for the respondents Mrs. Nita Krishna, is also present.

3. Learned counsel for the respondents seeks adjournment and submits that this matter has to be argued by learned Additional Solicitor General of India and he is not available to argue this case today.

4. Learned counsel for the petitioner has placed the charge against the petitioner as contained at page 48 of the writ petition and submits that no charge of any misconduct could have been framed in view of the allegation levelled against the petitioner. He submits that the allegation is that the petitioner could not prevent the theft. He submits that the matter was also placed before UPSC and the UPSC had opined that the petitioner did not act sufficiently. Learned counsel submits that on account of inefficiency , no punishment could have been imposed as inefficiency by itself does not fall under any of the misconduct. He has relied upon the judgment passed by Hon'ble Supreme Court reported in (1979) 2 SCC 286.

5. Post this case on 20.01.2023.

6. Let this matter be treated as part heard.

(Anubha Rawat Choudhary, J.) Saurav