Petitioner challenged an order stopping his increment. The court disposed of the writ petition granting liberty to file an appeal before the Commissioner within two months.
Liberty granted to the petitioner to file an appeal before the Commissioner, South Chhotanagpur Division, Ranchi within two months.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3584 of 2008
Satya Narayan Ram ..… Petitioner
Versus
12/ 15.02.2021 Heard Mr. Triveni Mishra, learned counsel for the petitioner and Mr. Ankit Kumar, learned counsel for the respondents through V.C.
2. The instant writ application has been preferred by the petitioner for quashing the order dated 09.11.1999 (Annexure-7), whereby the increment of the petitioner has been stopped and it was ordered that nothing will be paid to the petitioner during the period of suspension except the suspension allowance.
3. Learned counsel for the respondents raises a preliminary objection that the petitioner should have moved the appellate forum. He submits that as per Rule 21 of Jharkhand Service Code and The Bihar & Orissa Sub-ordinate Services (Discipline and Appeal) Rules, 1935 (Clause No.4), Commissioner, South Chhotanagpur Division, Ranchi is the appellate authority; as such, the petitioner should file an appeal for redressal of his grievance.
4. Replying to the aforesaid objection, learned counsel for the petitioner submits that the instant writ application may be disposed of by
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giving liberty to this petitioner to move the appellate forum. He further submits that since the petition was pending before this Court since 2008, as such the appellate authority may be directed to dispose of the appeal on merit to which learned counsel for the respondent does not have any objection.
5. In view of the limited submissions of learned counsel for the rival parties, the instant writ application is hereby disposed of with a liberty to the petitioner to file an appeal before the Commissioner, South Chhotanagpur Division, Ranchi within a period of 2 months from today. If any appeal is filed before the Commissioner, South Chhotanagpur Division, Ranchi, the same shall be disposed of in accordance with law, rules, regulations and policy decision of the Government keeping in mind the pendency of this case before this Court while taking note on the point of limitation.
6. With the aforesaid observation, the instant writ application stands disposed of.
(Deepak Roshan, J.)
Pramanik/
1 issue framed by the court
Whether the petitioner can be directed to appeal the order stopping his increment to the Commissioner given the pending writ petition.
Satya Narayan Ram
The State of Jharkhand
The Deputy Commissioner, Gumla
The Zila Panchayati Raj Padadhikari, Gumla
The Karyapalak Dandadhikari Sah Sanchalan Padadhikari, Gumla
The Prakhand Vikas Padadhikari, Palkot P.S. Palkot, District Gumla
Deepak Roshan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
