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ANUBHA RAWAT CHOUDHARY
Umeshwar Ram son of Shri Ram Parvesh Ram – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard learned counsel for the parties.
2. This writ petition has been filed for the following reliefs:-
(ii) For a direction commanding upon the respondent to pay the full salary minus subsistence allowance during the period of suspension for more than 15 months.
(iii) During the pendency of this writ petition, the operation of penalty order contained in office order contained in memo no. 4833 (S) dated 27.06.2014 may kindly be stayed.”
3. The appellate order dated 23.02.2015 (Annexure-12) has also been challenged vide I.A No. 2067 of 2015 and amendment has been allowed vide order dated 09.09.2015.
Arguments of the Petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner has been imposed punishment of ‘censor’ and has been held not entitled for any amount for the period of suspension apart from subsistence allowance.
5. Learned counsel has submitted that the reply filed by
Disciplinary authorities must adhere to principles of natural justice, providing proper notice and opportunity for representation before imposing sanctions against employees.
The main legal point established in the judgment is the need for proportionate and authorized punishments in accordance with the Civil Services Rules and the Service Code, and the court's discretion ....
The court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
The court found the punishment imposed on the petitioner to be shockingly disproportionate, emphasizing the necessity for procedural fairness and continuity of service after wrongful termination.
Petitioner having participated in the proceedings and not contested the penalty order passed thereof, cannot now, at a much later point of time, challenge the charge sheet which resulted in the penal....
Failure to specify treatment of suspension period mandates recognition of the period as on-duty, entitling the employee to full salary.
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