Nirmal Kumar Singh vs The State Of Jharkhand & Ors
2023 Latest Caselaw 961 Jhar

                         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     W.P. (S) No. 5349 of 2021
                    Nirmal Kumar Singh                                            ..... Petitioner.
                                           Versus
                    The State of Jharkhand & Ors.                          ...      Respondents.

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the petitioner(s): Mr. S. B. Deo, Advocate For the respondent(s): Ms. Divya, AC to SC-III

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05/27.02.2023: One of the ground taken by the petitioner in this writ application is that order of forfeiting the salary for the period which he was kept under the suspension cannot be by way of punishment.

Learned counsel for the petitioner rely upon the judgment of Ramashray Prasad Singh Vs. State of Bihar, 2000 (3) PLJR. He further submits that appellate order is cryptic, which would suggest that there was no application of mind by the Appellate Authority. As per him, it is the duty of Appellate Authority to assess the appeal on merits, independently, which the Appellate Authority has failed to do in this case.

Learned counsel for the respondents prays for sometime to address this issues.

Prayer is allowed.

List this case after three weeks under the heading for "Admission".

(Ananda Sen, J.) Rohit/-