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RAJESH SHANKAR
Jitendra Munda – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. The present writ petition has been filed for quashing the resolution as contained in memo No. 7041 dated 08.06.2012 (Annexure-10 to the writ petition) issued by the Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi by which punishment of withholding two increments with non-cumulative effect has been inflicted upon the petitioner.
2. The petitioner, vide order dated 01.09.2014 passed in I.A. No. 3806/2014, was permitted to amend the writ petition seeking challenge to the appellate order dated 10.04.2013 communicated vide memo No. 3184 dated 11.04.2013 by which the original order of punishment dated 08.06.2012 of withholding two increments with non-cumulative effect was upheld.
3. Learned counsel for the petitioner submits that the petitioner was posted as the Circle Officer, Circle-Chanho, District-Ranchi during the period from 08.07.2011 to 24.01.2013. The order dated 21.04.2011 passed by the Deputy Collector Land Reforms, Ranchi in S.A.R. (Land Restoration) Case No. 483 of 1996-97 was issued to the then Circle Officer, Chanho vide memo No. 1296(ii) dated 09.06.2011 which was placed before him on 27.06.2011 f
The disciplinary authority must consider the employee's explanation and crucial aspects before imposing punishment to ensure the application of mind and fairness in the decision-making process.
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 emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
The court emphasized that the disciplinary proceedings were conducted in accordance with the procedures under the Discipline and Appeal Rules, and the scope of judicial review was limited in this cas....
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