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RAJESH SHANKAR
Sushil Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The present writ petition has been filed for quashing and setting aside the order as contained in notification no. 04/Aa.Vi-01-1011/2017-5133 dated 23.12.2022 (Annexure-8 to the writ petition) issued under the signature of the Joint Secretary, Department of Drinking Water and Sanitation, Government of Jharkhand (the respondent no. 2) whereby penalty of deduction of 10% of the petitioner’s pension amount for five years has been imposed under Section 43(b) of the Jharkhand Pension Rules, 2000 (in short, “the Rules, 2000”).
2. Learned counsel for the petitioner submits that the petitioner was appointed as Assistant Engineer in the Public Health and Engineering Department (now Department of Drinking Water and Sanitation) on 15.07.1987 in the unified State of Bihar. He was promoted to the post of Executive Engineer in the year 2005 and to the post of Superintending Engineer in the year 2018. Subsequently, he retired on 30.11.2019 from the post of Superintending Engineer, Department of Drinking Water and Sanitation, Urban Circle, Ranchi.
3. It is further submitted that while the petitioner was holding the post of Executive Engineer, Drinking Water and Sanitation, Division No. 1,
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
The central legal point established in the judgment is the requirement for the charge alleged against the delinquent to be incorporated in the chargesheet, the duty of the disciplinary authority to m....
The disciplinary authority must show a difference of opinion with the enquiry officer's finding before inflicting punishment and provide an opportunity for representation.
The main legal point established is the requirement to adhere to principles of natural justice, including the disclosure of reasons for decisions and the supply of vital materials considered before i....
In disciplinary proceedings, the authority imposing penalties must adhere to procedural fairness, including providing reasons for differing from an inquiry officer's findings and allowing the employe....
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....
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