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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Keshwar Singh S/o Late Chasan Deo Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This Letters Patent Appeal has been filed against an order dated 5th July 2023 passed in W.P. (S) No. 7214 of 2017 whereby the writ petition filed by the writ petitioner has been dismissed.
2. The writ petition was filed challenging the following orders:
(b) The appellate order dated 27.05.2016 passed by respondent no. 4 dismissing the appeal filed by the appellant.
(c) The order dated 09.11.2016 passed by respondent no. 3 dismissing the memorial on the point of limitation.
3. The appellant was imposed punishment of three black marks (equivalent to forfeiture of two annual increments) by observing that the same would not affect the future increment with a further direction to forfeit the salary and allowance payable to the appellant for the dismissal period (9th January 2004 to 19th August 2009) on the basis of ‘no work no pay’ and the said period has been directed to be adjusted against extraordinary leave making further observation that during the suspension perio
The determination of misconduct lies primarily within the domain of the disciplinary authority, and the scope of interference under Article 226 of the Constitution of India is limited.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
The main legal point established in the given judgment is the limited scope of judicial review in disciplinary inquiries and the principles of proportionality and the Wednesbury rule.
In departmental proceedings, the standard of proof is based on the preponderance of probabilities, and the court will not interfere with the disciplinary authority's findings unless there is a clear ....
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....
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
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