RAJESH SHANKAR
Suchitra Devi – Appellant
Versus
State of Jharkhand, through the Principal Secretary, Department of Home, Jail and Disaster Management (Home) – Respondent
JUDGMENT :
Rajesh Shankar, J.
The present writ petition has been filed for quashing the order as contained in memo No. 1486 dated 15.03.2019 (Annexure-13 to the present writ petition) passed by the respondent No.1 whereby the appeal preferred by the petitioner has been rejected and the order as contained in memo No. 2347 dated 15.05.2017 passed by the disciplinary authority (i.e. the respondent No.2) dismissing the petitioner from service has been affirmed. Further prayer has been made for quashing the order as contained in memo No. 2347 dated 15.05.2017 (Annexure-9 to the writ petition) passed by the disciplinary authority (i.e. the respondent No.2) whereby the petitioner has been dismissed from service. The petitioner has also prayed for directing the respondent authorities to reinstate her in service with effect from the date of her dismissal with all consequential benefits.
2. The factual background of the case emanating from the writ petition is that while the petitioner was on deputation as Nurse at Women Probation Home, Namkum, Ranchi, two residents of the said probation home, namely, Punam Kumari and Priya Kumari escaped in the night of 06.08.2016, however, the said incident c
State of Meghalaya Vs. Mecken Singh N. Marak reported in (2008) 7 SCC 580
The court ruled that dismissal for negligence was shockingly disproportionate to the charges, emphasizing the need for fair assessment in disciplinary proceedings.
The High Court upheld the dismissal of a constable for unauthorized absence, ruling that appropriate procedures were followed, and punishment was not disproportionate to the violations committed.
The disciplinary authority's dismissal of an employee was found to be shockingly disproportionate to the proven misconduct, warranting judicial intervention and re-evaluation of punishment.
Disciplinary actions for willful absence must be substantiated by evidence; failure to provide medical justification can uphold discharge under police service rules.
Dismissal from service without evidence and failure to follow procedural fairness invalidates disciplinary action, requiring reinstatement and back-wages.
The main legal point established in the judgment is the principle of proportionality in imposing disciplinary action, the requirement for clear and specific charges in a domestic inquiry, and the sco....
The judgment emphasizes the importance of considering the defence of the delinquent employee and recording reasons in decision-making processes, highlighting the obligation to adhere to principles of....
Disciplinary proceedings must adhere to principles of natural justice, including proper notice and opportunity for defense, especially when imposing major penalties.
The principle of proportionality mandates that disciplinary punishment must be commensurate with the gravity of the misconduct, and dismissal for minor infractions may be deemed excessive.
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