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SANJAYA KUMAR MISHRA, RONGON MUKHOPADHYAY
Jyotshna Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Sanjaya Kumar Mishra, J.)
1. By filing this intra court Appeal, the appellant-writ petitioner has challenged the order dated 09.09.2022 passed by the learned Single Judge in W.P.(S) No. 2005 of 2020, whereby the writ petition filed by the writ petitioner-appellant before the learned Single Judge was dismissed. In the writ petition mainly following prayers were made:
(ii) For issuance of an appropriate writ(s)/order(s)/direction(s) or a writ in nature of certiorari for quashing the Resolution contained in Memo No. 5/Aarop-1-342-2014-5451(HRMS) Ranchi dated 19.5.2020 (Annexure-13) by which the review application preferred by the petitioner has also been considered and punishment imposed by the disciplinary authority has not
The absence of evidence and witness examination in departmental proceedings renders dismissal unsustainable, emphasizing the need for adherence to principles of natural justice.
Departmental proceedings must comply with established rules, requiring evidence and witness examination; failure to do so invalidates the proceedings.
Vague charges in disciplinary proceedings do not provide a fair opportunity for the accused to defend themselves.
The court established that in disciplinary proceedings, the principles of natural justice must be followed, but the court's role is limited to ensuring procedural fairness rather than re-evaluating t....
Long delays in disciplinary proceedings can lead to their quashing, especially when the charged employee is not at fault, violating principles of administrative justice.
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