SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Kishun Deo Choudhary, son of Late Ram Jatan Choudhary – Appellant
Versus
State of Jharkhand, through Home Secretary, Ranchi – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer
1. The instant appeal preferred under Clause-10 of Letters Patent is directed against the order dated 07.02.2023 passed by the learned Single Judge of this Court in W.P.(S) No.3362 of 2013, whereby and whereunder, the order dated 30.03.2013 issued by the Principal Secretary, Home Department, Govt. of Jharkhand, by which, the appeal preferred by the petitioner against the order of dismissal dated 24.04.2004 passed by the Director General-cum-Inspector General of Police, Jharkhand has been rejected/dismissed. Further, prayer has been made for quashing the order passed by the Director General-cum-Inspector General of Police, Jharkhand, whereby and whereunder, the petitioner has been dismissed from service. Further, prayer has been made for a direction upon the respondents for reducing the penalty of dismissal, imposed upon the petitioner to the penalty of forfeiture of increments as has been done in case of similarly situated persons. Further, prayer has been made for a direction upon the respondents to pay the monetary benefits to the writ petitioner under the head of retiral benefits and fix pension, for which, the petitioner would have been
Anand Regional Coop. Oil Seedsgrowers' Union Ltd. vs. Shaileshkumar Harshadbhai Shah
Rajendra Yadav vs. State of M.P.
Naresh Chandra Bhardwaj vs. Bank of India
Western U.P. Electric Power & Supply Co. Ltd. vs. State of U.P. (1969) 1 SCC 817
The court established that failure to serve a show-cause notice constitutes a violation of natural justice, warranting reinstatement of the dismissed employee.
Dismissal based solely on conviction is invalid without consideration of conduct; procedural safeguards must be observed, including issuing a show-cause notice.
A police officer convicted of a criminal charge must be dismissed from service as per Rule 16.2 of the Punjab Police Rules, with no discretion for lesser punishment.
Disciplinary action under Article 311(2)(b) must be supported by robust evidence; reliance on mere presumptions about witness intimidation without conducting an inquiry contravenes natural justice pr....
The central legal point established in the judgment is that a government servant cannot be dismissed from service based on a criminal conviction without considering the conduct leading to the convict....
(1) Dismissal from service without conducting departmental inquiry – It is duty of disciplinary authority to record satisfaction how and in what manner holding an enquiry is not reasonably practicabl....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.