RAJESH SHANKAR
Brahmeshwar Ojha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The present writ petition has been filed for quashing the order as contained in memo No. 304 dated 31.07.2012 (Annexure-4 to the writ petition) passed by the respondent No.4 in Force Order No. 1528 of 2012 concerning Departmental Proceeding No. 16/2011 whereby the petitioner has been inflicted punishment of two black marks equivalent to withholding of one increment with non-cumulative effect as well as an amount of Rs.72,511/- has been ordered to be recovered from him by deducting Rs.4,000/- per month from his salary. Further prayer has been made for quashing the order as contained in memo No. 48 dated 08.01.2013 (Annexure-6 to the writ petition) passed by the respondent No.3 in Force Order No. 32 of 2013 whereby the appeal preferred by the petitioner has been rejected.
2. Learned counsel for the petitioner submits that the petitioner was appointed as a Constable in Bihar Military Police on 21.03.1986 in Muzaffarpur district of erstwhile State of Bihar and after bifurcation, he was allocated Jharkhand Cadre. At the time of filing of the present writ petition, he was posted at IRB-02, Chaibasa, Camp-Musabani, East Singhbhum. It is also submitted that an anonymous complaint
Punjab National Bank & Ors. Vs. K.K. Verma reported in (2010) 13 SCC 494
State Bank of India & Ors. Vs. Mohammad Badruddin reported in (2019) 16 SCC 69
Union of India & Ors. Vs. Mohd. Ramzan Khan reported in (1991) 1 SCC 588
Dismissal orders must be passed in accordance with the principles of natural justice, including providing the employee with a reasonable opportunity to defend themselves and supplying a copy of the i....
The right to receive the enquiry report and a second show-cause notice is a fundamental aspect of the principles of natural justice in disciplinary proceedings, and failure to provide these rights in....
The non-supply of the enquiry report and lack of opportunity to respond to it constitutes a violation of natural justice, rendering the punishment order unsustainable.
The failure to furnish an enquiry report to an employee before the imposition of a penalty and the enquiry officer assuming the dual role of judge and prosecutor are violations of natural justice tha....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.