IN THE HIGH COURT OF JHARKHAND AT R A N C H I
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L.P.A. NO. 02 of 2010
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Parma Nand Pandit ..... Appellant.
Versus
1. The State of Jharkhand
2. Secretary, Water Resources Department, Govt. of
Jharkhand, Ranchi.
3. Sri V.B.Choudhary, Under Secretary, Water Resources
Department, Govt. of Jharkhand, Ranchi.
..... ..... Respondents.
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CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR.JUSTICE R.R.PRASAD
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For the Appellant: Mr. A.K.Sahani.
For the respondents: Mr. R.Krishna, Sr.S.C.I.
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02/17.02.2010
This appeal has been preferred against the order dated
21.12.2009 passed by the learned Single Judge in W.P(S)
NO.5849/2009 by which the writ petition was summarily dismissed
observing therein that the impugned order of suspension was not fit
to be interfered with and consequently the writ petition was
dismissed as no merit was found in the same.
The aforesaid order has been assailed on the ground
that the appellant is on the verge of retirement and is due to retire
on 31.07.2010. It has been stated that the appellant neither has
been served with a show cause nor any enquiry still has been
initiated but he has been compelled to report to a person junior to
him.
In so far as interference with the order of suspension is
concerned, we find no reason to entertain this appeal against the
same but we deem it just and appropriate to observe that as the
appellant is on the verge of retirement, the enquiry should either be
initiated expeditiously or dropped, if the charges are found
unsustainable.
If the enquiry has already been initiated, we expect
the respondent-authority to complete the same by 31.04.2010.
The appeal is dismissed subject to the aforesaid
observations.
(Gyan Sudha Misra,C.J.)
( R.R.Prasad,J )
Biswas