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DEEPAK ROSHAN
Rahul Kumar, S/o. Onkar Malviya – Appellant
Versus
State of Jharkhand through the Principal Secretary, Department of Labour and Employment, Training and Skill Development – Respondent
JUDGMENT :
Deepak Roshan, J.
Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner praying therein for quashing and setting aside the notification as contained in memo No.108 dated 24.01.2024 (Annexure-11); whereby a punishment has been imposed upon the petitioner for withholding of three increments without cumulative effect, when the fact remains that for the very same set of allegations as alleged in the departmental proceeding, the petitioner has been honourably acquitted in the criminal case.
The petitioner has further prayed for a direction upon the respondents to include and consider the name of the petitioner, the senior most in the cadre, for the purpose of promotion into the rank of Deputy Chief Inspector of Factories.
It has further been prayed for quashing of the Notification dated 05.01.2024 (Annexure-13); whereby the respondent No.4, a junior officer than the petitioner, has been made In-charge on the post of Chief Inspector of Factories, Jharkhand.
3. The brief facts of the case are that the petitioner was appointed at the post of Inspector of Factories Class-II Gazetted under Jharkhand Labour Service Technical Cadre in
Departmental proceedings must adhere to principles of natural justice, and acquittal in criminal cases does not preclude disciplinary action but requires proper evidence examination.
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
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 absence of Presenting Officers in disciplinary proceedings violates natural justice, necessitating the setting aside of dismissal orders and reinstatement of affected personnel.
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