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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
State of Jharkhand, through Secretary, Drinking Water and Sanitation Department – Appellant
Versus
Sanjay Kumar, son of Sri Laxmi Narayan Singh – Respondent
ORDER :
(Shree Chandrashekhar, J.) :
By an order dated 14th July 2022, the writ Court quashed the punishment order contained in Memo No. 2173 dated 19th June 2019 passed against Sanjay Kumar and sent back the matter for a fresh consideration “from the stage of issuance of charge memo” by the Secretary, Drinking Water and Sanitation Department of the Government of Jharkhand.
2. This order of the writ Court passed in WP(S) No. 4795 of 2019 has been challenged by the State of Jharkhand.
3. Briefly stated, the respondent who was the writ petitioner entered in service as Executive Engineer on 12th June 1997 in the Drinking Water and Sanitation Department at Giridih (Division-I). By a letter bearing No. 5505 dated 31st November 2017, he was issued a show-cause notice on the allegations of (i) delay in filing of appeal which caused additional financial liability (ii) misuse of official power and depositing money in the bank account of his son and wife (iii) lack of modesty and devotion to duty (iv) taking loan of Rs. 50,000/- from one individual and (v) retaining the government house illegally. The reply submitted by the respondent on 19th December 2017 was not accepted by the Department
Disciplinary proceedings are invalid if the charge memo lacks independent approval from the competent authority, violating mandatory procedural rules.
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 against a public servant must comply with mandatory procedural requirements, including proper approval of charge memos; failure to do so renders the proceedings illegal.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
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