IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 19 of 2011
Sanjay Kumar Thakur ... ... ... ... ... Petitioner
Versus
The State of Jharkhand and others ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE D. N. PATEL
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For the Petitioner: Mr. R. Krishna
For the Respondents: Mr. D.K. Dubey, G.P. I
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th
04/Dated: 07 September, 2011
I.A. No. 2552 of 2011
1) Having heard learned counsel for both the sides and looking to the
facts and circumstances of the case, I hereby permit the petitioner to add
Principal Secretary, Social Welfare Women and Child Development
Department, Govt. of Jharkhand, Ranchi as respondent No.5. Necessary
amendment shall be carried out by red ink in the main writ petition.
2) So far as the amendment stated in paragraph 15(b) of the
interlocutory application is concerned, the same is also allowed. Necessary
amendment shall be carried out in red ink in relevant paragraph 1 of the
main writ petition.
3) I.A. No.2552 of 2011 stands disposed of.
W.P. (S) No.19 of 2011
1) Having heard learned counsel for both the sides and looking to the
facts and circumstances of the case, there is prima facie case in favour of the
present petitioner as well as looking to the earlier inquiry report which is at
annexure-1 of the memo of petition, it appears that the charges levelled
against the petitioner second time are also overlapping charges. Both the
inquiry report are also in favour of the present petitioner and no reason has
been assigned by the respondents while they were not agreeing with the
earlier inquiry report which is at annexure-1 to the memo of petition and
irreparable loss will be caused to the petitioner if the stay is not granted in
favour of the petitioner.
2) I, therefore, stay the operation/application/execution of the order
passed by respondent No.2 dated 30th July, 2011 at annexure-7 to the I.A.
No.2552 of 2011 in W.P. (S) No.19 of 2011. This stay shall remain operative
till final hearing of this writ petition.
(D. N. Patel, J)
Manoj/cp.2