Stuti - 9282 Administrative Law

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

CIVIL ORIGINAL (EXTRA-ORDINARY)


JURISDICTION CIVIL WRIT PETITION NO…
245…OF 2023…
IN THE MATTER OF:

1. RISHI SHARMA …….. PETITIONER

S/o PRAMOD KUMAR SHARMA

R/o B-101/403, Ashok Nagar,

Ranchi, Jharkhand

1. CNC Company Ltd.

having its registered office at H-6/289 Panchsheel colony, Jawahar Nagar, Ranchi

Through its Chairman MR. PIYUSH CHHABRA

2. Managing Director of the above Company MR. SOMESH CHHABRA

……. RESPONDENT

May it please the Hon'ble Chief Justice of the High Court of Jharkhand at Ranchi
and His Lordship's companion Judges.

THE PETITIONER MOST RESPECTFULLY SHOWETH:

1. That the petitioner is a citizen of India and is therefore entitled to enjoy all the rights
guaranteed by the Constitution of India.

2. That respondent No. 1 is a company registered under the Companies Act, 2013
having its registered office at H-6/289 Panchsheel colony, Jawahar Nagar, Ranchi
3. The respondent-company is wholly owned by the Government of India and is, thus,
an instrumentality of state is given in Article 12 of the Constitution.
4. That the petitioner was an employee of the respondent-company, having been
appointed as an Accountant on 21.06.2016 and has been a diligent employee and
been discharging his duties and obligations according to the employment norms and
applicable rules of the Respondent Company
5. That on 02.01.2023 respondent No. 2, herein without giving an opportunity to
be heard to the Petitioner, abruptly issued the impugned order dated 13.09.2022
terminating the services of the petitioner alleging him to be involved in
misappropriation of the respondent company’s funds and the petitioner came to
be relieved of his duties the same day.
6. The Petitioner states that the order of the termination of the service of the Petitioner
was passed without following the due process of the principle of nature justice.
7. That the Petitioner has been discharging his duty as an employee according to the
Respondent Company norms and therefore has not committed any act which would
constitute as misconduct.
8. The impugned order is being assailed on the following, amongst other.

a. That the petitioner being a permanent employee of the respondent-company his


services could not be terminating without holding an enquiry under the rules
applicable to the employees of the company.
b. The termination of the Petitioner is against the principle of natural justice.

c. That the impugned order is otherwise also erroneous and unsustainable

d. That the impugned order is arbitrary and contravenes Article 14 of the


Constitution.

e. That the petitioner has not filed any petitioner other proceedings relating to the
matter at this petition in any other court.
PRAYER

In the facts and circumstances stated above the Petitioner prays that a direction be
issued for quashing the impugned order and reinstating the Petitioner in service with
all consequential benefits including back wages. It is further prayed that the
respondent be burdened with costs.

PETITIONER
THROUGH COUNSEL
MR. RAJESH KUMAR BANSAL DATED: 20.01.2023

-----------------------------------

WRIT PETITION DRAFTED AND PRESENTED BY-

STUTI
ENRL. NO.- A3221519282
BBA LL.B. (H.) 8TH Semester Section- E
AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

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