Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Lalji Mahto – Appellant
Versus
Jharkhand Urja Vikas Nigam Limited, through its Chairman-cum-Managing Director, Ranchi – Respondent
W.P.(S) Nos. 2903, 2904, 2906, 2916, 2919, 2948, 2956, 3001, 3006, 3008, 3011 & 3266 of 2019, W.P.(S) Nos. 2880, 2881, 2895, 2971, 2977, 2982, 2995 & 3010 of 2019, W.P.(S) Nos. 2992, 2993, 2997, 2998, 2999, 3000, 3002, 3003 & 4646 of 2019, W.P.(S) Nos. 3022, 3028, 3029, 3031, 3034, 3035, 3036 & 3042 of 2019, W.P.(S) No. 3283 of 2019
Decided on : 16-05-2023
Appointment Cancellation - Jharkhand State Electricity Board - 2007, 2008, 2009 - The court considered the issuance of show cause notices to the petitioners for cancellation of their appointments made under the erstwhile Jharkhand State Electricity Board. The court emphasized the principles of natural justice and the scope of interference by the writ court at the stage of issuance of show cause notice. It also highlighted the importance of fairness in administrative actions and the obligation to act fairly and reasonably.
Fact of the Case:
The petitioners sought to quash the show cause notices issued for cancellation of their appointments made under the Jharkhand State Electricity Board. The petitioners contended that the notices violated the principles of natural justice and were issued without providing the enquiry report or relevant documents. The respondents argued that the appointments were made illegally and without following the established procedure and rules.
Finding of the Court:
The court emphasized the importance of fairness in administrative actions and the obligation to act fairly and reasonably. It directed the respondent to furnish the documents related to the enquiry report to the petitioners and instructed the petitioners to file their show cause replies. The court also directed the Board of Directors, JUVNL to take an independent decision based on the materials available on record.
Issues: The main issue was the validity of the show cause notices issued for the cancellation of the petitioners' appointments and the application of the principles of natural justice.
Ratio Decidendi: The court held that the show cause notices should not be interfered with unless issued without jurisdiction or in an abuse of process of law. It emphasized the importance of fairness in administrative actions and the obligation to act fairly and reasonably. The court also highlighted the obligation of the State to act in consonance with the statutory provisions and rules, ensuring just, fair, and transparent executive action.
Final Decision: The court directed the respondent to furnish the documents related to the enquiry report to the petitioners and instructed the petitioners to file their show cause replies. It also directed the Board of Directors, JUVNL to take an independent decision based on the materials available on record.
JUDGMENT :
The present batch of writ petitions have been filed for quashing the respective resolutions issued to the petitioners, descriptions of which have been given in Column No. 6 of the table mentioned hereunder, whereby they have been communicated that the competent authority has taken decision to cancel their appointments made underthe erstwhile Jharkhand State Electricity Board in the years 2007, 2008 and 2009 by way of absorption on the posts of Junior Electrical Engineer (General), Junior Electrical Engineer (G.T.O), Junior Engineer (Civil) and Assistant Electrical Engineer (General) and to revert them back to the initially appointed posts and have further been asked to file reply to the respective show cause notices.
2. The brief descriptions of the cases are as under:
| 1 | 2 | 3 | 4 | 5 | 6 |
| Case No. | Petitioner | Post at the time of appointment with date | Promoted post with date | Presently the Post held | mpugned Resolution No. with date |
| W.P.(S) No.2903 of 2019 | Lalji Mahto | Switchboard Operator Grade-II on 01.04.1991 | Junior Electrical Engineer (General Cadre) on 21.06.2007 | Assistant Electrical Engineer w.e.f 31.05.2017 vide notification dated 19.06.2017 | 537 dated 03.06.2019 |
| W.P.(S) No.2844 of 2019 | Vishwanath Pd. Singh | Unskilled Khalasi on 03.02.1996 vide office order dated 16.03.1996 | Junior Engineer (Civil) on 24.10.2008 |
| 565 dated 03.06.2019 |
| W.P.(S) No.2880 of 2019 | Suresh Prasad Choudhary | Switchboard Operator Grade-II on 01.04.1991 | Junior Electrical Engineer on 24.10.2008 |
| 527 dated 03.06.2019 |
| W.P.(S) No.2881 of 2019 | Hari Mohan Choudhary | Switchboard Operator Grade-II on 01.04.1991 | Junior Electrical Engineer (General Cadre) on 24.10.2008 | Assistant Electrical Engineer w.e.f 31.05.2017 vide notification dated 19.06.2017 | 575 dated 03.06.2019 |
| W.P.(S) No.2895 of 2019 | Amarjit Prasad | Assistant Operator (Transmission) on 09.05.1988 | Junior Electrical Engineer on 24.10.2008 | Assistant Electrical Engineer w.e.f 31.05.2017 vide notification dated 19.06.2017 | 547 dated 03.06.2019 |
| W.P.(S) No.2904 of 2019 | Ramakant Verma | Switchboard Operator Grade-II on 01.04.1991 | Junior Electrical Engineer (General Cadre) on 21.06.2007 | Assistant Electrical Engineer w.e.f 31.05.2017 vide notification dated 19.06.2017 | 499 dated 03.06.2019 |
| W.P.(S) No.2906 of 2019 | Ram Bahadur Maht | Switchboard Operator Grade-II on 01.04.1991 | Junior Electrical Engineer (General Cadre) on 21.06.2007 | Assistant Electrical Engineer w.e.f 31.05.2017 vide notification dated 19.06.2017 | 545 dated 03.06.2019 |
| W.P.(S) No.2916 of 2019 | Anil Kumar | Switchboard Operator Grade-II on 01.04.1991 | Junior Electrical Engineer (General Cadre) on 21.06.2007 | Assistant Electrical Engineer on 18.02.2016 | 541 dated 03.06.2019 |
| W.P.(S) No.2919 of 2019 | Anil Kumar | Unskilled Khalasi on 11.04.1994 | Junior Electrical Engineer (General Cadre) on 21.06.2007 |
| 517 dated 03.06.2019 |
| W.P.(S) No.2948 of 2019 | Swarup Kumar Baski | Unskilled Khalasi on 08.07.1992 | Junior Electrical Engineer (General Cadre) on 21.06.2007 | Assistant Electrical Engineer on 18.02.2016 | 519 dated 03.06.2019 |
| W.P.(S) No.2956 of 2019 | Jagdeo Mahto | Assistant Operator (Transmission) on 09.05.1988 | Junior Electrical Engineer (General Cadre) on 21.06.2007 | Assistant Electrical Engineer (General Cadre) on 18.02.2016 | 521 dated 03.06.2019 |
| W.P.(S) No.2971 of 2019 | Arbind Kumar | Switchboard Operator Grade-II on 08.07.1988 | Junior Electrical Engineer (General Cadre) on 24.10.2008 |
| 555 dated 03.06.2019 |
| W.P.(S) No.2977 of 2019 | Kameshwar Thakur | Assistant Operator (Thermal) on 04.07.1989 | Junior Electrical Engineer (General Cadre) on 24.10.2008 | Assistant Electrical Eng | |
The main legal point established in the judgment is the importance of adhering to the principles of natural justice in administrative actions, particularly in employment disputes.
Point of Law : Court need not issue a writ merely because there is violation of the natural justice, not because it is not necessary to observe natural justice but because Courts do not issue futile ....
The decision to remove an employee from service may not be vitiated by the non-supply of relevant documents or the second show cause notice if the employee is aware of the allegations and there is no....
The impugned show cause notice was issued without proper consideration, and the rejection of representations and denial of joining posting place were unjust and arbitrary, violating Article 14 and 16....
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
