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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
State of Jharkhand – Appellant
Versus
Brahamanand Pandey, Son of Late Sagar Pandey – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under clause 10 of the letters patent is directed against the order/judgment dated 11.10.2022 passed by the learned Single Judge in W.P.(S) No. 210 of 2018, whereby and whereunder, the order of punishment dated 29.09.2015 contained in Memo No. 6795(S) has been quashed and set aside with a direction to disburse the amount already recovered holding the respondent/writ petitioner entitled to get all the consequential benefits pursuant to the order passed by the learned Single Judge.
2. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, reads as under:
The writ-petitioner was initially appointed as Junior Engineer in the year 1981 under National Rural Employment Programme (N.R.E.P.) scheme under the Rural Development Department, Government of Bihar.
On 27.06.1987, the petitioner and several others were upgraded / appointed as Assistant Engineer. In view of the observation of the Hon'ble Supreme Court, the writ petitioner and others were being regularized and treated as regular employees from 1981 itself, with all consequential benefits and finally the petitioner reti
The main legal point established in the judgment is the importance of following the principles of natural justice in disciplinary proceedings, including giving the delinquent officer an opportunity t....
In disciplinary proceedings, the authority imposing penalties must adhere to procedural fairness, including providing reasons for differing from an inquiry officer's findings and allowing the employe....
Non-observance of the principle of natural justice due to delayed supply of charge-sheet and relevant documents, and the violation of Rule 55 of Civil Services (Classification, Control & Appeal) Rule....
Departmental proceedings must adhere to principles of natural justice, and acquittal in criminal cases does not preclude disciplinary action but requires proper evidence examination.
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