Yogendra Tiwari & Another vs Vrs
2022 Latest Caselaw 4627 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cont. Case (Civil) No. 694 of 2020
       Yogendra Tiwari & another                                   ............Petitioners
                                Vrs.
       Rajiv Arun Ekka, Secretary, Dept. of Home,
       Government of Jharkhand, Ranchi & others           .......... Opposite Parties
                                       .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH

For the Petitioner : Mr. Gaurav Abhishek, Advocate For the O.Ps : M/s Ashutosh Anand, A.A.G-III, Ashish Kr.

Thakur, Rishi Bharti, A.C to A.A.G-III

12/18.11.2022 L.P.A. No. 69 of 2021 has been dismissed on 18.10.2022 against the order under offence. Before dismissal of the L.P.A, the opposite party Secretary, Department of Home, Government of Jharkhand has rejected the claim of the petitioner and upheld the order of dismissal, which was set aside by the Writ Court. The instant writ petition is the second round of litigation on the quantum of punishment since by the judgment dated 16.09.2016 passed in W.P.(S) No. 3741 of 2011, learned Writ Court had, on the first occasion, quashed the order of punishment of dismissal from service on the basis of clear findings, para 7 and 8 of which are quoted in the judgment under offence. In effect, even after adjudication on two rounds and the punishment of dismissal having been set aside on the ground of proportionality, the opposite party has reiterated the punishment through reasoned order dated 30.09.2022 bearing memo no.4007, Annexure-A to the I.A. No. 9596 of 2022 seeking to recall the earlier show cause.

Learned counsel for the opposite party seeks two weeks' time to enable the concerned opposite party to revisit the reasoned order.

Matter be listed on 09.12.2022.

(Aparesh Kumar Singh, J.)

A.Mohanty