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SANJAY PRASAD
Israil Ansari – Appellant
Versus
State of Jharkhand, through its Chief Secretary, Government of Jharkhand – Respondent
Headnote: Read headnote
JUDGMENT :
Sanjay Prasad, J.
This writ petition has been filed on behalf of the petitioner challenging the order of punishment dated 31.01.2016, by which the petitioner has been dismissed from service on account of his absence (Annexure-2), the Appellate Order as contained in Memo No 829 dated 23.09.2016 (Annexure-5) affirming the order of punishment and the Revisional Order as contained in Memo No. 274 dated 28.11.2017 (Annexure-7) affirming the appellate order.
2. Heard Mr. A.K. Sahni, learned counsel for the petitioner and Mr. Abhinay Kumar, learned A.C. to G.A.I.
3. Learned counsel for the petitioner has submitted that the impugned orders, i.e. Order of punishment dated 31.01.2016, Appellate Order dated 23.09.2016 and the Revisional Order dated 28.11.2017, contained in Annexures 2, Annexure 5 and Annexure 7 respectively are illegal, arbitrary and not sustainable in the eye of law.
It is submitted that before passing the order of dismissal neither the enquiry report has been served nor second show-cause has been issued upon the petitioner. It is submit
The right to receive the enquiry report and a second show-cause notice is a fundamental aspect of the principles of natural justice in disciplinary proceedings, and failure to provide these rights in....
Dismissal orders must be passed in accordance with the principles of natural justice, including providing the employee with a reasonable opportunity to defend themselves and supplying a copy of the i....
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
The punishment imposed should meet the standards of fairness and be in strict compliance with principles of natural justice.
Violation of principles of natural justice in conducting enquiry and imposing punishment
The failure to supply the enquiry report and show cause notice caused prejudice to the writ petitioner. The punishment imposed must be within the authority of law as prescribed in the list of punishm....
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