SUJIT NARAYAN PRASAD
Vijay Praveen Baxla (husband) – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No. 3486 of 2023
The instant interlocutory application has been filed for substitution of the petitioner, namely, Namita Nalini Baxla @ Namita Nalini Minz, who has died in course of pendency of the writ petition.
2. It has been submitted that the writ petitioner, namely, Namita Nalini Baxla @ Namita Nalini Minz has died leaving behind her legal heirs as referred at paragraph 5 to the instant application as such prayer has been made that the instant Interlocutory Application may be allowed since the right to sue still survives.
3. There is no objection on behalf of the State.
4. Considering the reason assigned in the instant interlocutory application, the same is allowed.
5. Office is directed to make necessary correction in the cause title of the writ petition as per the details furnished at paragraph 5 of the instant interlocutory application.
6. Accordingly, the instant interlocutory application stands disposed of.
W.P. (S) No. 6697 of 2014
7. The instant writ petition has been filed under Article 226 of the Constitution of India for quashing order as contained in Memo No. 2129 dated 28.02.2014 by which punishment of four annual increment with cumulative effect has been in
Management of State Bank of India vs. Smita Sharad Deshmukh and Anr. reported in (2017) 4 SCC 75
Punjab National Bank &Ors Vs. Kunj Behari Misra as reported in (1998) 7 SCC 84
State Bank of Bikaner and Jaipur v. Nemi Chand Nalwaiya
Union of India vs. P. Gunasekaran reported in AIR 2015 SC 545
A disciplinary authority must provide an opportunity for hearing when it disagrees with an enquiry officer's findings, and any punishment not prescribed by statutory rules is without jurisdiction.
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.
The main legal point established in the judgment is the limited scope of interference in disciplinary proceedings, emphasizing the need for evidence-based findings and the principles of proportionali....
Natural justice requires meaningful opportunity for defense in disciplinary inquiries; failure to adhere justifies annulment of punitive orders.
The main legal point established in the judgment is the importance of following the principles of natural justice in disciplinary proceedings, including giving the delinquent officer an opportunity t....
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 main legal point established in the judgment is that courts can only interfere with disciplinary proceedings if there are violations of principles of natural justice or statutory regulations, and....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.