Jharkhand High Court
Mathias Vijoy Toppo vs The State Of Jharkhand And Others on 23 July, 2018
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 864 of 2018
Mathias Vijoy Toppo ... ... Petitioner
Versus
The State of Jharkhand and others ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Petitioner : Mr. Anil Kumar Sinha, Sr. Advocate Mr. Raunak Sahay, Advocate For the Respondents : Ms. Ruchi Rampuria, A.C. to Sr. S.C. I
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05/23.07.2018 Mr. Anil Kumar Sinha, the learned Senior counsel for the petitioner referring to decision in "Oryx Fisheries Private Limited vs. Union of India and Others" reported in (2010) 13 SCC 427 and "Union of India and Others vs. A.N. Saxena' reported in (1992) 3 SCC 124 submits that on bare perusal of the allegations in the charge-memo served upon the petitioner it would transpire that the petitioner has not committed misconduct and while so, the entire departmental proceeding is liable to be quashed.
In the rejoinder to the counter-affidavit the petitioner has raised a plea that the charge-memo was never approved by the competent authority and on this ground also the department proceeding is liable to be quashed.
Let an affidavit be filed on the aforesaid issues by the respondents within two weeks.
Post the matter on 23.08.2018.
In the meantime final order in the departmental proceeding initiated against the petitioner shall not be passed.
(Shree Chandrashekhar, J.) Tanuj/-