Jharkhand High Court
Smt.Rekha Baxla vs State Of Jharkhand & Ors on 10 March, 2011
Author: J.C.S. Rawat
Bench: J.C.S. Rawat
IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P.(S) No.1280 of 2007
Smt. Rekha Baxla ... Petitioner
Versus
The State of Jharkhand through the Principal Secretary,
Human Resources Development Department,
Dhurwa, Ranchi & others ... Respondents
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CORAM : HON'BLE MR. JUSTICE J.C.S. RAWAT
For the Petitioner : Mr. M.M. Pan, Anand Kr. Sinha
For the Respondents : J.C. to G.P.I
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9/10.03.2011It is specifically mentioned in para-13 and 14 of the writ petition that no enquiry report and no second show-cause notice has been served upon the petitioner before awarding the punishment. The respondents have filed an evasive reply to the said fact and State has not given the details as to when the second show-cause notice was given and when the enquiry report was served upon the petitioner. This Court in writ petition no. 1238 of 2008 in Suman Kumar Vs. The State of Jharkhand and others, has taken a serious view while setting aside the punishment order, the copy of which is on record. It pertains to some other teacher of other school. The respondent no.3 has intentionally given an evasive reply to the averments made in the petition.
The Commissioner, respondent no.2 is directed after going through the entire record, to file his personal affidavit before this Court specifically stating the correct facts regarding the facts stated in para 13 and 14 of the writ petition.
The counter affidavit may be filed within two weeks. Post this matter immediately thereafter.
(J.C.S. Rawat, J.) R.Kumar