The State Of Jharkhand & Ors vs Akhileshwar Singh & Ors
2023 Latest Caselaw 700 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 (Letters Patent Appellate Jurisdiction)
                        L.P.A. No. 282 of 2022

The State of Jharkhand & Ors.                                  ......Appellants
                                       Versus
Akhileshwar Singh & Ors.                                   ....... Respondents
                                ---------------

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellants : Mr. Ashok Kumar Yadav, Sr. SC-I For Respondent No.1 : Mr. Manoj Tandon, Advocate Ms. Neha Bhardwaj, Advocate Mr. Adamya Kerketta, Advocate

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Order No. 04 / Dated: 9th February 2023

I.A. No. 11988 of 2022 This application has been filed seeking stay of the writ Court's order dated 2nd July 2021 passed in WP(S) No.1348 of 2010.

The writ Court has referred to the judgment in "Kulwant Singh Gill v. State of Punjab" 1991 Suppl. (1) SCC 504 to come to a conclusion that the order of punishment awarded to the writ petitioners was a major penalty and while so the procedure laid down under the discipline rules was required to be followed.

Having regard to the facts and circumstances in the case, we do not find any reason to stay the order dated 2 nd July 2021 passed in WP(S) No.1348 of 2010 and, accordingly, I.A. No. 11988 of 2022 is dismissed.

L.P.A. No. 282 of 2022 Post this matter on 16th February 2023.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) R.K.