State of Jharkhand and Others vs Ashok Kumar etc. and Another

Since these appeals arose out of the common judgments passed in W.P. (S) Nos. 1881/05, 5569/05, 6683/ 05, 722/04, 723/04, 793/04, 786/04, 669/04, and 725/04, they have been heard together and are being disposed of by this common judgment.

These appeals have been directed against the judgment passed by the learned single Judge in the aforesaid writ petitions wherein the order of termination of services of the petitioners respondents were challenged. The learned single Judge after considering the entire facts of the case, and also following the judgment passed in W.P. (C) 5705 of 2003, allowed the writ petitions and quashed the order of termination and directed re-instatement forthwith.

The main question that was involved in those writ petitions was as to whether the order of termination on the ground of ex parte inquiry can be sustained in Law particularly when the petitioners-respondents have been continuing in services for 15-20 years.

Similar question was decided by the learned single Judge in W.P. (S) No. 5705 of 2003 by judgment dated 29.10.2004. The said judgment was challenged by the appellant-State of Jharkhand by filing L.P.A. No. 489 of 2005. See The State of Jharkhand and Others Vs. Radhey Shyam Prasad Singh, . The said appeal was heard by this Bench and by a reasoned judgment dated 26.2.2007 the aforesaid appeal was dismissed and the judgment of the learned single Judge was affirmed. In our view, therefore, the same question of law is involved on the same sets of facts against the same inquiry. These appeals stand dismissed following the points decided in L.P.A. No. 489 of 2005. Appeals dismissed