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SANJAY PRASAD
Khakha Sushil Kumar – Appellant
Versus
State of Jharkhand through Secretary, Personnel Administrative Reforms and Rajbhasha Department – Respondent
JUDGMENT :
Sanjay Prasad, J.
Heard Mr. Rajendra Krishna, learned counsel for the petitioner assisted by Mr. Shubham Mayank, Advocate and Mr. Uttam Kumar Das, learned AC to GP-VI.
2. This writ petition has been filed on behalf of the petitioner challenging the entire departmental proceeding including Memo of charge dated 05.05.2016 contained in Annexure-1 and 2nd show cause notice dated 18.09.2017 as contained in Annexure-3 by which the petitioner has been directed to file reply as to why the petitioner be not removed from the service under Rule 14 (x) of he Jharkhand Government Servants (Classification, Control and Appeal) Rules, 2016 and for other ancillary reliefs.
3. Learned counsel for the petitioner has submitted that the petitioner has joined the service to the post of Deputy Collector on 11.02.2013 and he continued to his discharge his duty and has joined as Block Development Officer, Churchu on 20.03.2014. However, he has been served with show cause notice dated 01.06.2016 regarding certain alleged irregularities for defying orders of superior, not taking interest in work and loosely handling the execution of works of Indira Awas Project and MANREGA and along with various other
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.
(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....
Disciplinary proceedings are invalid if the charge memo lacks independent approval from the competent authority, violating mandatory procedural rules.
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