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RAVI RANJAN, SUJIT NARAYAN PRASAD
Bishwanath Shukla – Appellant
Versus
Jharkhand State Housing Board, through its Managing Director – Respondent
ORDER :
The instant appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 20.09.2021 passed by learned Single Judge of this Court in W.P.(S) No.7713 of 2017 whereby and whereunder the order inflicting punishment dated 30.11.2017 issued by the Managing Director, Jharkhand State Housing Board, Ranchi by which the writ petitioner has been punished with the punishment of compulsory retirement, has been refused to be interfered with while dismissing the writ petition.
2. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-
The writ petitioner was employed as an Assistant Electrician in the Jharkhand State Housing Board, Jamshedpur. While in service, the wife of the writ petitioner had applied for allotment of residential plot through lottery in the year 1997 and after being declared successful, a plot was allotted in favour of the wife of the writ petitioner. As writ petitioner was not having any residential house, the Executive Engineer, Jharkhand State Hou
The court emphasized the limited scope of interference in the decision taken by the disciplinary authority and referred to guidelines from previous judgments to determine the conditions under which i....
The disciplinary authority must show a difference of opinion with the enquiry officer's finding before inflicting punishment and provide an opportunity for representation.
The principle of delay and laches is flexible in cases involving recurring causes of action, particularly in pension matters, and charges of misconduct must be substantiated by assigned duties.
The High Court can interfere with the quantum of punishment if it is found to be disproportionate to the gravity of the offence, but must assign reasons for finding the punishment to be shocking to i....
The central legal principle established is that adherence to the principles of natural justice is essential in departmental proceedings, and failure to provide a fair hearing or necessary documentati....
The disciplinary authority that initiates proceedings must be the appointing authority; actions taken by a subordinate authority are illegal and violate principles of natural justice.
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