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S. N. PATHAK
Jagdish Paswan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. Pathak, J.
Since questions of law and facts involved in both these writ petitions are same and similar, they are heard together and are being decided analogously.
2. Heard the learned counsel for the petitioner and learned counsel for the respondents.
Prayers
3. W.P.(S) No. 3096 of 2021 was filed by the petitioner for payment of pensionery benefits. W.P.(S) No. 5035 of 2021 was filed by the petitioner for quashing of the order contained in Memo No. 14/A.8-21/2019-1848 dated 06.12.2019, whereby the petitioner was terminated from service. In this writ petition, the petitioner has also challenged the appellate order contained in Memo No. 2293 dated 22.11.2021 by which the departmental appeal preferred against the penalty order dated 06.12.2019 has been rejected. The petitioner has also challenged the enquiry report dated 21.02.2019 whereby the enquiry officer held the charges proved against the petitioner.
The Facts
4. Shorn of unnecessary details, the facts pleaded in these writ petitions are that the petitioner was appointed on 06.04.1991. A memo of charge was framed in Prapatra-‘Ka’ against the petitioner on 20.6.2016 alleging inter alia that while he was posted as Block E
Departmental proceedings must comply with established rules, requiring evidence and witness examination; failure to do so invalidates the proceedings.
In disciplinary inquiries, the standard of proof requires more than mere suspicion; due process must be observed, including the right to cross-examine witnesses.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
Departmental proceedings must be initiated by the appointing authority, and failure to comply with this requirement renders the proceedings void, violating principles of natural justice.
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