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SANJAYA KUMAR MISHRA, ANANDA SEN
State of Jharkhand through the Chief Secretary – Appellant
Versus
Alka Kumari – Respondent
ORDER :
Sanjaya Kumar Mishra, J.
1. The appellants-State of Jharkhand through its Chief Secretary and others have assailed the judgment passed by the learned Single Judge on 16.06.2021 in W.P.(S) No. 363 of 2020 whereby, the application filed by the petitioner-respondent was allowed and an order was passed to the effect that the punishment awarded to the petitioner is non-est in the eyes of law and was quashed. A further direction was given that the ad hoc promotion given to the petitioner shall be regularized with effect from 06.07.2015. By filing the aforesaid writ application, the petitioner, in fact, approached the Court for the second time.
2. The facts of the case may be narrated in the following chronological order:
On 20.06.2006, the petitioner was appointed to the post of Deputy Collector by the Department of Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand. On 22.06.2010, respondent No.5 vide letter of the said date relieved the petitioner from the charge of the Circle Officer, Sadar, Hazaribagh to the Department of Personnel, Administrative Reforms and Rajbhasa. On 02.07.2010, respondent no. 5 recommended for initiation of a departmental proceeding aga
Vague charges in disciplinary proceedings do not provide a fair opportunity for the accused to defend themselves.
Departmental proceedings must adhere to principles of natural justice, and acquittal in criminal cases does not preclude disciplinary action but requires proper evidence examination.
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
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