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HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY
Dharamveer Sharma S/o Shri B.R. Sharma – Appellant
Versus
State Of Chhattisgarh Through The Secretary, Department Of General Administration – Respondent
ORDER :
(Rajani Dubey, J.)
Challenge in this petition is to the legality and validity of order dated 23.7.2014 (Annexure P/2) whereby respondent No.1 ordered to deduct 5% amount from the pension of the petitioner for a period of three years as also to the order dated 10.12.2014 (Annexure P/1) by which appeal preferred by the petitioner against the said order has been dismissed by respondent No.1 as being not maintainable.
02. Case of the petitioner, in brief, is that the petitioner was posted as Additional Collector, Durg in the year 2010-11 and during this period, there was reorganization of two districts from Distt. Durg i.e. Balod and Bemetara and then there was need of 70 posts of Patwari due to formation of new districts and on account of strike of Patwaris in Balod district, out of sanctioned posts of 203 Patwaris, only 134 Patwaris were working whereas in Bemetara, out of 176 sanctioned posts of Patwaris, only 129 Patwaris were working. At that point of time, as per directives of the State, the Patwaris were directed to work for census, agricultural and election besides their regular revenue work. Thus, looking to the situation of lack of Patwaris and nature of work, they were
Disciplinary authorities must provide a fair hearing before imposing penalties, and arbitrary punishment without justification violates principles of natural justice.
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
The court established that non-compliance with procedural requirements, particularly the supply of relevant documents, violates natural justice and invalidates disciplinary actions.
The main legal point established is the requirement to prove charges with a preponderance of probability and the mandatory nature of procedural rules in departmental proceedings.
Transfers of Patwaris must comply with specific legal provisions that require justification based on efficiency or vacancy filling, and cannot be made arbitrarily or as a punitive measure.
Charges in disciplinary proceedings must be proved based on preponderance of probability, and compliance with procedural rules is mandatory. Pension deduction requires grave misconduct or pecuniary l....
Transfer orders issued under administrative grounds must be complied with unless legally invalid; unauthorized absence leads to disciplinary actions.
The main legal point established is the requirement to adhere to principles of natural justice, including the disclosure of reasons for decisions and the supply of vital materials considered before i....
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