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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SRI ANANDA SEN, J.
Shiv Shankar Choudhary S/o Late Kameshwar Choudhary – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner in this writ application has prayed for the following reliefs:
(a) For issuance of an appropriate writ, order or direction for quashing of the notification contained in memo no. Nig./Sara(Path)-01-Vi.Ka.5-172/2014 2261(S) dated 30.03.2015 (Annexure-II) issued under the signature of Deputy Secretary, Road Construction Department, Government of Jharkhand, Ranchi, whereby and whereunder the petitioner has been awarded the following punishments:
(i) Reduction in the lowest pay scale (ii) Recovery of an amount of Rs. 36,75,467/- from the salary of the petitioner towards the loss caused to the State Exchequer.
(b) For further issuance of an appropriate writ/order/direction for quashing of the notification contained in memo no. Nig. Sara(Path)-01-Vi.Ka.-5- 172/2014 7648(S) dated 05.11.2015 (Annexure-13) issued under the signature of Deputy Secretary to the Government of Jharkhand, whereby and whereunder the appeal preferred by the petitioner against the order dated30.03.2015 has been upheld.
(c) Any other appropriate writ/writs be issued/order/order be passed/direction/directions be made
In departmental proceedings, charges must be substantiated by oral evidence; reliance solely on unproven documents violates principles of natural justice.
In disciplinary inquiries, the standard of proof requires more than mere suspicion; due process must be observed, including the right to cross-examine witnesses.
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
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.
Disciplinary proceedings must adhere to principles of natural justice, ensuring the accused has the opportunity to contest evidence; reliance on a preliminary inquiry report without proper associatio....
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