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RAJESH SHANKAR
Sukhram Baitha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Rajesh Shankar, J.
The present writ petition has been filed for quashing the order as contained in memo no. 1605 dated 03.06.2022 (Annexure-15 to the writ petition) issued under the signature of the respondent no. 2 – the Secretary, Department of Schedule Tribe, Schedule Caste, Minority and Backward Class Welfare, Government of Jharkhand, whereby the punishment of recovery of Rs.5,06,500/- from the amount of gratuity of petitioner, as imposed vide departmental order no. 1764 dated 12.06.2015, has been upheld with further observation that nothing would be payable to the petitioner except the subsistence allowance for the period of suspension i.e., from 27.02.2013 to 20.03.2013. Further prayer has been made for quashing the order as contained in memo no. 1005 dated 01.04.2021 (Annexure-14 to the writ petition) issued by the respondent no. 2 in pursuance of the order dated 10.11.2020 passed in W.P.(S) No. 4762 of 2015, whereby the previous punishment imposed vide departmental order no. 1764 dated 12.06.2015 and order no. 2208 dated 20.07.2015 was upheld. The petitioner has also prayed for issuance of direction upon the concerned respondents to refund Rs.5,06,500/- along with
Departmental proceedings can continue post-retirement, and acquittal in a criminal case does not exonerate an employee from departmental charges based on the same facts.
Disciplinary proceedings must comply with principles of natural justice, including the examination of witnesses and the presentation of evidence; failure to do so renders the proceedings and any resu....
Gratuity payment can be withheld during the pendency of departmental or judicial proceedings as per Rule 64(1)(c) of the Chhattisgarh Civil Services (Pension) Rules, 1976.
Disciplinary proceedings against a public servant must cease if the charges are identical to those leading to an honourable acquittal in a criminal case, ensuring fairness in due process.
The court established that the standard of proof in departmental proceedings is 'preponderance of probability', allowing for disciplinary action even if a related criminal charge is not proven beyond....
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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