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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
State of Jharkhand through the Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand – Appellant
Versus
Rukma Kesh Mishra, S/o. Late Purushottam Mishra – Respondent
JUDGMENT :
Shree Chandrashekhar, J.
I.A. No. 9534 of 2023
This interlocutory application has been filed under section 5 of the Limitation Act seeking condonation of delay of 147 days in filing the present Letters Patent Appeal.
2. In view of the statements made in this interlocutory application, the delay of 147 days in filing this appeal is condoned.
3. I.A. No. 9534 of 2023 is, accordingly, allowed.
L.P.A. No. 572 of 2023
4. The writ Court’s decision to interfere with the order of termination of Rukma Kesh Mishra who at the relevant time was posted as Block Development Officer with the additional charge of Circle Officer has been questioned by the State of Jharkhand in this Letters Patent Appeal.
5. In the order dated 20th April 2023, the writ Court referred to the “Union of India and Others v. B.V. Gopinath” (2014) 1 SCC 351 to reject the plea put forth on behalf of the State of Jharkhand, that there is no requirement in law for a separate approval of the competent authority for issuance of the charge memo. The writ Court recorded a finding that though initiation of a department proceeding against the delinquent government officer was duly approved by the competent authority but the cha
Disciplinary proceedings against a public servant must comply with mandatory procedural requirements, including proper approval of charge memos; failure to do so renders the proceedings illegal.
Disciplinary proceedings must be approved by the competent authority; failure to do so renders the proceedings void.
Disciplinary proceedings against government servants must be initiated with proper authorization from the competent authority, failing which the proceedings are rendered void.
Disciplinary proceedings are invalid if the charge memo lacks independent approval from the competent authority, violating mandatory procedural rules.
(1) Article 226 should not ordinarily be exercised by quashing a show-cause notice or charge-sheet – In some very rare and exceptional cases High Court can quash a show cause notice or charge-sheet i....
(1) If there is any default in process of application of mind independently at the time of issue of charge memorandum by Disciplinary Authority, same would not get cured by fact that such approval wa....
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