RANCHI, India, May 21 -- Jharkhand High Court issued the following order on April 20:
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs:
i) For quashing of Memo No.600 dated 14.12.2023 [Annexure-3] issued by the Deputy Commissioner, Bokaro whereby the application of petitioner has been rejected to reinstate in service in the light of judgement dated 16.10.2020 [Annexure-1] passed in WP(S) No.6436/2010 without application of mind, the order of dismissal has already been quashed and set aside by the Hon'ble High Court therefore the Deputy Commissioner, Bokaro should have passed a fresh order on application of petitioner in departmental proceeding after following the procedure of the departmental the proceeding, whereas simply Deputy Commissioner, Bokaro rejected the application of the petitioner which is against the principle of departmental proceeding and therefore the same liable to be set aside.
ii) For direction upon the respondents to pay all consequential benefits to petitioner after setting aside the Memo No.600 dated 14.12.2023 (Annexure3) issued by the Deputy Commissioner, Bokaro.
iii) For direction upon the Respondent No.2 to make payment of all the salary to the petitioner for the period on and from 24.12.2006 till today which has not been paid to him after deduction of the suspension allowance amount which has been paid to him within this period.
iv) For direction upon Respondent No.2 to recall the order of dismissal of service of petitioner and pass a fresh order to allow the petitioner to join in service in accordance with law after following the principles of natural justice.
3. The petitioner had earlier moved before this Court in W.P.(S) No.6436 of 2010, which was allowed and a liberty was given to the respondents to pass a fresh order after following principles of natural justice. For brevity, paras-3 to 6 are extracted hereinbelow:
"3. Mr. Saurav Arun, learned counsel for the petitioners submits that in this case the Inquiry Officer found the charges against the petitioners not proved, however, the disciplinary authority without issuing any show cause notice to the delinquent employees indicating the grounds on which the disciplinary authority decided to disagree with the findings recorded in the departmental proceeding, passed the impugned order of dismissal. This issue has already been decided and the matter is squarely covered by the order dated 13.10.2020 passed by this Court in W.P.(S) No. 6064 of 2010, wherein the same impugned order dated 28.9.2010 was quashed with respect to the petitioners of the said writ application as such, the instant application may be allowed in the line of that judgment.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqPKwvpSovH9yEXEaSY3SPoaLESmWNJvyWK4gGNAB3wz2&caseno=WPC/393/2024&cCode=1&cino=JHHC010025352024&state_code=7&appFlag=)
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