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DEEPAK ROSHAN
Suresh Kumar Ram – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT
Deepak Roshan, J. - Heard learned counsel for the parties through V.C.
2. The instant writ application has been preferred by the petitioner praying therein for quashing and setting aside the order dated 16.06.2010 passed by the disciplinary authority; whereby the petitioner has been dismissed from service. The petitioner has also assailed the order dated 08.09.2010 passed by the appellate authority and the order dated 30.12.2011 passed by the revisional authority; whereby the order of dismissal of the petitioner has been sustained.
3. Among other grounds, learned counsel for the petitioner argued on the question of quantum of punishment. He contended that even assuming the alleged charge to be proved, then also dismissal from service is not proportionate punishment. He further relied upon the order passed in the case of Arun Kumar Singh Vs. State of Jharkhand and Others [W.P.(S) No. 1861 of 2008] and submits that the same is applicable in the instant case, inasmuch as, in the instant case also there is charge against the petitioner of being drunk; however, the petitioner was not medically examined during the departmental enquiry.
He further submits that the officer-in-charge u
Allegations of misconduct, especially those involving major penalties, must be supported by conclusive evidence. The Disciplinary Authority must consider the individual's past conduct and surrounding....
Disciplinary punishment must align proportionately with the severity of the misconduct, and the courts can intervene if the penalty is grossly disproportionate.
The judgment established that a charge of intoxication requires conclusive evidence such as a blood or urine test, and the alleged odour of liquor emitting from the mouth is insufficient to establish....
The main legal point established in the judgment is the principle of proportionality in imposing disciplinary action, the requirement for clear and specific charges in a domestic inquiry, and the sco....
The dismissal of a police constable was found unjustified due to lack of evidence and violation of natural justice principles, emphasizing the need for fair inquiry procedures.
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