Dr Arun Kumar Vs. Science and Technology

Dr Arun Kumar vs Science and Technology

Type Court Judgment Court Jharkhand Decided Aug 29, 2013

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https://sooperkanoon.com/case/1025000

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Citation: sooperkanoon.com/1025000
Court: Jharkhand High Court
Decided On: Aug 29, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Dr Arun Kumar

Respondent

Science and Technology

Excerpt

.....notice contained at annexure-23 dated 11th july 2013 issued by the respondent department, by which he has been asked to explain as to why his services be not terminated on account of the fact that he has not been confirmed as yet.2. it is informed by the counsel for the parties that the petitioner has filed his reply to the said show-cause notice, inter-alia taking all such pleas which were available to him on the grounds of law as well as on facts. it is also not in dispute that the petitioner's services have not yet been confirmed. counsel for the respondents submits that the reply to the show-cause is under consideration and appropriate decision would be taken in accordance with law by the competent authority within a stipulated time. counsel for the petitioner submits that the show-cause notice also raises issues which are no longer open for the respondents to raise.3. be that as it may, it appears that the petitioner has moved this court straightaway on issuance of a show-cause notice. the show- cause notice appears to have been issued on the basis of the report of high power committee constituted by the decision of the government.4. in such circumstances, it is proper that the competent authority under the respondent state, take an informed decision in accordance with law in the matter, by passing a reasoned and speaking order, after taking into account all such pleas which have been raised on behalf of the petitioner on the grounds of law as well as on facts, within a period of six weeks from the date of receipt of a copy of this order, which should also be communicated to the petitioner. it is made clear that pendency of the writ application shall not come in the way of the respondents to take any decision in accordance with law. (aparesh kumar singh, j) ranjeet/

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4702 of 2013 with W.P.(S) No. 634 of 2012 --- Dr. Arun Kumar (WPS 4702/13) Kalicharan Rawani (WPS 634/12) --- --- ---- Petitioner Versus The State of Jharkhand & others --- --- --- Respondents --- CORAM: The Honble Mr. Justice Aparesh Kumar Singh For the Petitioner: Mr. R. Krishna & Mr. Rahul Kumar, Advocates (WPS 4702/13) For the Petitioner: Mr. Manoj Akhter, Advocate (WPS 634/12) For the State: Mr. Sumir Prasad, SC-1 & Mr. R. Mukhopadhyay, SC-II For Pvt. Respondents: Mr. K.K. Jha, Advocate --- WPS No. 4702/13 05/ 29.08.2013 The petitioner in the instant writ application has preferred this writ petition against a show-cause notice contained at Annexure-23 dated 11th July 2013 issued by the respondent department, by which he has been asked to explain as to why his services be not terminated on account of the fact that he has not been confirmed as yet.

2. It is informed by the counsel for the parties that the petitioner has filed his reply to the said show-cause notice, inter-alia taking all such pleas which were available to him on the grounds of law as well as on facts. It is also not in dispute that the petitioner's services have not yet been confirmed. Counsel for the respondents submits that the reply to the show-cause is under consideration and appropriate decision would be taken in accordance with law by the competent authority within a stipulated time. Counsel for the petitioner submits that the show-cause notice also raises issues which are no longer open for the respondents to raise.

3. Be that as it may, it appears that the petitioner has moved this Court straightaway on issuance of a show-cause notice. The show- cause notice appears to have been issued on the basis of the report of High Power Committee constituted by the decision of the Government.

4. In such circumstances, it is proper that the competent authority under the respondent State, take an informed decision in accordance with law in the matter, by passing a reasoned and speaking order, after taking into account all such pleas which have been raised on behalf of the petitioner on the grounds of law as well as on facts, within a period of six weeks from the date of receipt of a copy of this order, which should also be communicated to the petitioner. It is made clear that pendency of the writ application shall not come in the way of the respondents to take any decision in accordance with law. (Aparesh Kumar Singh, J) Ranjeet/

Same Court & Year Jharkhand · 2013 Same Parties Dr Arun Kumar vs Science and Technology Same Subject Education