W.P. (S) No. 01 of 2016. Case: Murari Bhagat Vs The State of Jharkhand and Ors.. Jharkhand High Court
| Case Number | W.P. (S) No. 01 of 2016 |
| Counsel | For Appellant: V.P. Singh, Sr. Advocate and A.K. Sahani, Advocate and For Respondents: H.K. Mehta, A.A.G. and R.K. Sahi, JC to A.A.G. |
| Judges | Pramath Patnaik, J. |
| Issue | Constitution of India - Article 226 |
| Judgement Date | February 10, 2017 |
| Court | Jharkhand High Court |
Judgment:
Pramath Patnaik, J.
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In the accompanied writ application, the petitioner has inter alia prayed for quashing (i).show cause notice dated 18.08.2015 allegedly issued for indiscipline and arbitrariness in the matter of proceeding on leave; (ii).order dated 06.11.2015, whereby the petitioner was directed to take over the charge of the post of Technical Secretary to Chief Engineer, National Highway Wing, Road Construction Department, Jharkhand and further (iii).show cause notice dated 22.12.2015 for the alleged indiscipline and arbitrariness under the threat of initiation of a departmental proceeding.
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The brief facts, as disclosed in the writ application, is that initially the petitioner was appointed on the post of Assistant Engineer on 16.06.1987 and by passage of time, the petitioner was granted regular promotion to the post of Superintending Engineer (Civil) in Road Construction Department. While working as such the petitioner fell ill, hence, he submitted application for grant of casual leave initially for two days and later on submitted application for extension of leave. But the respondents-authorities served a show cause notice dated 18.08.2015 upon the petitioner to submit explanation for the alleged indiscipline and arbitrariness for proceeding on leave and remaining absent till date i.e. 18.08.2015, to which, the petitioner replied vide letter dated 27.08.2015. However, after joining, the respondent No. 3 issued order dated 06.11.2015 whereby direction was issued to the petitioner to take charge of the post of Technical Secretary to Chief Engineer, National Highway Wing, Road Construction Department, Jharkhand. In compliance thereof, the petitioner took over the charge of the post of Technical Secretary to Chief Engineer, National Highway Wing, Road Construction Department, Ranchi including additional charge of Chief Engineer, National Highway Wing, Road Construction Department and sent self-assumption charge report letter dated 09.11.2015. Thereafter, the Dy. Secretary vide show cause notice dated 22.12.2015 asked the petitioner to submit explanation for the alleged leave and indiscipline and arbitrariness, to which, the petitioner replied vide letter dated 30.12.2015.
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Learned senior counsel for the petitioner submitted that only in order to frustrate the genuine claim of the petitioner for grant of promotion and in order to overcome the order passed by this Hon'ble Court in W.P. (S) No. 415 of 2015 wherein it is...
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