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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sri Ananda Sen, J
Preetish Pronoy, Son Of Ajoy Kumar Majhee – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
Heard learned counsel representing the petitioner and learned counsel representing the respondent – State, at length.
2. The petitioner is aggrieved by the impugned order as contained in Memo No.18/Aarop-01-63/2022 317 (18) Ranchi, dated 31.10.2023 (Annexure-7 to the writ petition), by which he has been punished. His appeal is pending, which has not yet been disposed of.
3. The petitioner is an Ophthalmologist, and is an employee of the State.
4. A departmental proceeding was initiated against the petitioner for which charge-sheet was issued vide Memo No.18/Aarop-01-63/2022-415(18) dated 14.07.2022.
The allegation in the departmental charge-sheet is that the employer i.e. the State, had obtained the data from the “Jharkhand State Aarogya Society (JSAS)”, in respect of “Ayushman Bharat Chief Minister’s People’s Health Scheme (CM-JAY)”, and on analysis of the same, it was culled out that the petitioner had operated 250 patients in the District Hospital, Ramgarh, which is a Government Hospital and 1241 patients at Lalita Netralaya, Ramgarh, which is a Private Hospital. It has been alleged in the charge-sheet that the petitioner has committed a misconduct by operati
In departmental proceedings, charges must be substantiated by oral evidence; mere document submission is insufficient, rendering the proceedings invalid.
Departmental proceedings require oral or documentary evidence to support charges; without it, findings are invalid and violate principles of natural justice.
In departmental proceedings, charges must be substantiated by oral evidence; reliance solely on unproven documents violates principles of natural justice.
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
Non-examination of witnesses to prove documents in a departmental proceeding violates the principle of natural justice and renders the entire proceeding and enquiry vitiated.
In departmental proceedings, charges cannot be proved solely on documentary evidence without oral corroboration, upholding the principles of natural justice.
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