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ANANDA SEN
Ajay Kumar S/o Late Shiv Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard learned counsel for the petitioner and learned counsel for the respondents.
2. In this writ petition, petitioner has prayed to set aside the order dated 09.06.2015 contained in Memo No.946, whereby, in a Departmental Proceeding No.6/15, whereby punishment was imposed upon the petitioner. The punishment is of withholding of increment for one year, which would be treated to be equivalent to two black marks. Further, the appellate order dated 27.11.2007, which dismissed the appeal of the petitioner, is also under challenge.
3. Counsel for the petitioner submits that there was no occasion for the petitioner to be punished. It is his case that in the Departmental Proceeding, it is alleged that the girl had gone to the police station with the complaint of some sexual assault, but, in the Departmental Proceeding, witnesses had stated that the girl had come to the police station only to recover the mobile phone and the bicycle of her boyfriend. There is nothing to suggest that she was harassed and police did not cooperate in recording her statement. That being so, there was no role of the petitioner, which warrants punishment.
4. Counsel for the State-respondents submits t
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.
The court emphasized the importance of maintaining discipline and the requirement to prove prejudice in cases of non-serving of enquiry report, affirming the authority's discretion in disciplinary pr....
Judicial review in disciplinary proceedings is limited to assessing fairness and legality of the process, not the merits of the findings, particularly for minor punishments.
The Superintendent of Police is authorized to issue charge-sheets and initiate disciplinary proceedings against subordinate officers, and such proceedings must adhere to the principles of natural jus....
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 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.
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