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DIPANKAR DATTA, MANMOHAN
State of Jharkhand – Appellant
Versus
Rukma Kesh Mishra – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
1. Leave granted.
THE APPEAL
2. Appellants - the State of Jharkhand and three of its officers - assail the judgment and order dated 24th November, 20231 [impugned order] of a Division Bench of the High Court of Jharkhand at Ranchi2 [High Court] in this civil appeal. By the impugned order, the Division Bench dismissed an intra-court appeal3 [LPA No. 572 of 2023] carried by the appellants from the judgment and order dated 20th April, 2023 of a Single Judge, allowing a writ petition4 [WP (S) No. 4781 of 2017] instituted by the respondent-Rukma Kesh Mishra.
THE QUESTION
3. We are tasked to decide a solitary legal question: whether the order by which the respondent was dismissed from service, following disciplinary proceedings, should have been interdicted by the High Court on the specious ground that the charge-sheet had not been approved by the Chief Minister of Jharkhand?5 [Chief Minister]
BRIEF RESUME OF FACTS
4. Facts giving rise to this appeal are not too complicated. While the respondent had been functioning as a civil service officer, it came to light that he had indulged in diverse activities of dishonesty, financial irregularities, forgery of docume
(1) Article 226 should not ordinarily be exercised by quashing a show-cause notice or charge-sheet – In some very rare and exceptional cases High Court can quash a show cause notice or charge-sheet i....
Disciplinary proceedings must be approved by the competent authority; failure to do so renders the proceedings void.
Disciplinary proceedings against government servants must be initiated with proper authorization from the competent authority, failing which the proceedings are rendered void.
Punishment of dismissal of service should be awarded for gravest act of misconduct.
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