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S. N. PATHAK
Nath Rai – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The petitioner has approached this Court with prayer for quashing of the Office Order dated 26.09.2012 whereby petitioner has been dismissed from service with effect from a retrospective date.
Further, prayer has been made for quashing of order dated 20.12.2013, whereby the respondents have modified the order of dismissal to compulsory retirement.
Petitioner has further prayed for direction upon the respondents to reinstate him in service of Jharkhand Police Force from the date of dismissal from service i.e. w.e.f. 08.04.2006 and respondents be directed to grant promotion to the petitioner to the rank of ASI and SI of Police for which he had been entitled to during his service period.
The respondents may further be directed to pay the entire outstanding dues of salary as per entitlement with all consequential benefits as may be found to be payable upon his reinstatement in the service.
2. The case of the petitioner lies in a narrow compass. The petitioner while posted as constable in the office of the Sr. S.P. Ranchi, the Confidential Reader of the office of the Sr. S.P. has informed that on 29.04.2006 at 18:55 hours the petitioner refused to receive the order and thereafter,
The main legal point established is the limited scope of judicial review in departmental proceedings, emphasizing the need for adherence to natural justice principles and the requirement for procedur....
The judgment establishes that appointments made on the basis of forgery or deceit are not valid in law, and disciplinary actions based on such findings are justified.
The main legal point established is the limited scope of interference in departmental inquiries by the court, which can only be done in specific circumstances such as violation of principles of natur....
Disciplinary actions for willful absence must be substantiated by evidence; failure to provide medical justification can uphold discharge under police service rules.
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