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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
| Table of Content |
|---|
| 1. relief sought against departmental inquiry outcomes. (Para 1) |
| 2. overview of the case and background (Para 2 , 5 , 6 , 7) |
| 3. arguments regarding evidence and departmental proceedings (Para 3 , 4 , 8) |
| 4. court's analysis of departmental evidence standards (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. conclusion on reopening of the departmental case (Para 17) |
| 6. final ruling and decision of the court (Para 18 , 19) |
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/
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.
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