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RAMESH SINHA, PARTH PRATEEM SAHU
Prabhakar Gwal S/o Shri Mukti Gwal – Appellant
Versus
State of Chhattisgarh, Through Secretary, Department of Law and Legislative Affairs – Respondent
JUDGMENT :
Ramesh Sinha, CJ.
1.Heard Mr. Shailendra Kumar Bajpai, Mr. Santosh Kumar Pandey and Mr. Mahesh Gahlot, learned counsel for the appellant. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State / respondent No.1 and Mr. Prafull N. Bharat, learned Senior Advocate assisted by Mr. Amrito Das, learned counsel, appearing for respondent No.2/High Court of Chhattisgarh.
2.The present intra Court appeal has been filed against the order dated 17.08.2020 passed by the learned Single Judge in WPS No.2795 of 2016 (Prabhakar Gwal v. State of Chhattisgarh and Another), whereby the learned Single Judge has dismissed the writ petition challenging the order dated 01.04.2016 passed by respondent No.1, by which the writ petitioner / appellant has been dismissed from service.
3.Brief facts relevant for filing the present appeal, according to the appellant, are that the appellant/writ petitioner (hereinafter referred to as "the appellant" wherever necessary) was initially appointed as Civil Judge, Class-II through order dated 27.12.2005 issued by the Principal Secretary, State of CG, Law & Legislative Affairs Department, Raipur. The appellant was thereafter promoted
Judicial officers must maintain high standards of integrity; dismissal under Article 311(2)(b) upheld due to misconduct and impracticability of inquiry.
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
Judicial officers must maintain impeccable integrity; disciplinary actions must be based on established misconduct without procedural violations and adhere to high standards of justice.
The main legal point established in the given judgment is the limited scope of judicial review in disciplinary inquiries and the principles of proportionality and the Wednesbury rule.
The court emphasized that a dismissal must be proportionate to the misconduct and that procedural violations in disciplinary inquiries can invalidate the outcome.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
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