Back
SANJAYA KUMAR MISHRA, ANANDA SEN
Avinash Gurung, son of Mani Kumar Gurung – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
(Ananda Sen, J.)
1. This intracourt appeal is against the judgment dated 02.12.2020 passed by learned Single Judge in W.P.(S) No.800 of 2016.
2. Counsel appearing on behalf of the appellant submits that the punishment order passed in the Departmental Proceeding is absolutely bad as there is no evidence to suggest that the petitioner was in a drunken state. As per him, enquiry report is cryptic and does not even disclose as to what were the questions put to the petitioner and what he answered, nor it mentions the questions, the petitioner had put to the witnesses in cross examination. His contention is that the girl, who has been allegedly molested by the petitioner and upon whom the petitioner had allegedly tried to commit rape, has not come forward in the Departmental Proceeding as witness, thus, the entire charge levelled against the petitioner fails. Counsel for the appellant submits that learned Single has failed to appreciate this aspect, thus, the order impugned is bad in law and needs to be set aside. Counsel in support of the contentions of the appellant refers to and relies on the decision of the Hon’ble Supreme Court in the case of Roop Singh Negi versus Punjab Nati
The court emphasized the limited scope of interference in a writ of certiorari, the standard of proof in departmental proceedings, and the relevance of delay in approaching the court.
The court emphasized the limited scope of judicial review in departmental proceedings, the principles of natural justice, and the requirement for proportionate punishment in disciplinary cases, espec....
The court emphasized the importance of fair procedure and non-discrimination in departmental proceedings, and the need for findings to be based on evidence and not suffer from perversity.
The main legal point established in the judgment is the need for following prescribed procedures and exercising discretion within the bounds of the law in disciplinary proceedings, especially in case....
The court emphasized the limited scope of judicial review in administrative actions and highlighted the principles of judicial review, emphasizing that it is an evaluation of the decision-making proc....
The limited scope of interference by the High Court in departmental proceedings and the evaluation of the decision-making process in disciplinary proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
