RANCHI, India, Dec. 5 -- Jharkhand High Court issued the following order on Nov. 5:
The instant writ application has been preferred by the petitioner for following reliefs:-
1. For issuance of a writ in the nature of Certiorari or any other appropriate Writ(s)/Order(s) for quashing the impugned Office Order issued under Memo No: 3354 dated 26.11.2019 (Annexure-10) whereby and whereunder the respondent No:3 imposed a punishment of withholding of two (2) annual increments with cumulative effect and Censor: II. For issuance of a writ in the nature of Mandamus or any other appropriate direction commanding upon the respondents to pay arrear salary for the period from 28.09.2010 to 04.12.2013 i.e. the period of suspension within a specified period.
2. Learned counsel for the petitioner, amongst other grounds, has strenuously contended that the inquiry report was not provided to him and for which he has been seriously prejudiced. He further draws attention of this court towards to the order impugned and submits that the same is non-speaking and non-reasoned order, inasmuch as, the grounds of not receiving the inquiry report and the ground of in absentia inquiry has not been deliberated, rather an order has been passed without giving any reason.
3. Learned counsel for the respondents tries to justify the impugned order and refers several paragraphs of the counter affidavit. However, the fact remains that any impugned order can't be improvised by way of an affidavit.
4. Having heard learned counsel for the parties, and after going through the impugned order, it appears that the same contains no reason whatsoever. The only reason which is indicated in the impugned order of punishment is that the concerned officer has gone through the inquiry report and the reply of second show cause notice and passed the impugned order.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1d3%2Byhnc6Zg5d4eeM1essyAHfbCNYyMN2bnUrUWnd3Fa3&caseno=WPC/217/2020&cCode=1&cino=JHHC010021372020&state_code=7&appFlag=)
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