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SANJAYA KUMAR MISHRA, ANANDA SEN
State of Jharkhand – Appellant
Versus
Jagannath Prasad Sah, son of Late Ram Jatan Sah – Respondent
ORDER :
(Sanjaya Kumar Mishra, J.)
1. In this Letters Patent Appeal, the State of Jharkhand through the Principal Secretary, Water Resources Department and others have assailed the order passed by the learned Single Judge on 22.03.2021 in W.P. (S) No. 6876 of 2019, whereby the writ application of the writ petitioner was allowed and the order of punishment passed by the disciplinary authority was quashed.
2. The facts of the case lie in a very narrow compass.
The petitioner was initially appointed as an Assistant Engineer in Bhagalpur in the erstwhile State of Bihar on 26.01.1979 and on attaining age of retirement he was superannuated from service on 29.02.2008 from the post of Executive Engineer. After his retirement, a departmental proceeding was initiated against him under Rule 43(b) of the Bihar Pension Rules, 1950, as applicable to the State of Jharkhand, vide resolution No.445 dated 05.02.2009 alleging inter alia therein that there was violation of departmental rules in tender invitation, tender disposal, work allocation and back dating by the writ petitioner with regard to work of Tender Invitation Information No. 1/05-06.
After the enquiry, a report was submitted by the Enquir
Adherence to principles of natural justice and the correct application of pension rules are crucial in disciplinary proceedings against government employees.
Charges in disciplinary proceedings must be proved based on preponderance of probability, and compliance with procedural rules is mandatory. Pension deduction requires grave misconduct or pecuniary l....
The main legal point established is the requirement to prove charges with a preponderance of probability and the mandatory nature of procedural rules in departmental proceedings.
Disciplinary action under Rule 43(b) of the Bihar Pension Rules requires proof of grave misconduct or financial loss to the government; failure to provide substantiated reasoning in orders renders th....
Pension is a right of an employee and cannot be withheld without a proper inquiry and findings of misconduct; mere allegations or pending criminal cases are insufficient grounds for such action.
The main legal point established in the judgment is the requirement for the disciplinary authority to analyze and determine whether the charges amount to grave misconduct and establish the financial ....
The jurisdiction of a state to impose disciplinary actions on an employee ceases once the employee is allocated to another state, and any disciplinary proceedings must adhere to statutory time limits....
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