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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S. Ramachandra Rao, CJ., DEEPAK ROSHAN
Shankar Kumar Singh, son of Late Gajendra Prasad Singh – Appellant
Versus
State of Jharkhand, through the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand – Respondent
| Table of Content |
|---|
| 1. overview of disciplinary proceedings (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. petitioner's contentions against charges (Para 10 , 18 , 19 , 30 , 31 , 32) |
| 3. challenge to dismissal based on procedural grounds. (Para 11 , 12 , 15) |
| 4. court's agreement with inquiry findings (Para 14 , 20 , 27 , 38) |
| 5. assessment of evidence in inquiry (Para 21 , 22 , 23 , 24 , 25 , 26 , 28 , 33 , 34 , 35 , 36 , 37) |
| 6. writ petition dismissal (Para 39) |
JUDGMENT :
(M.S. Ramachandra Rao, C.J.)
1) In this writ petition the petitioner has assailed the order dt. 8.8.2023 passed by the 3rd respondent imposing punishment of dismissal on the petitioner and also the decision taken on 3.12.2024 by the Standing Appeal Committee which was communicated to the petitioner on 20.12.2024, dismissing his appeal.
2) The petitioner was working in a Class-III post from 7.12.2005 in the Civil Court, Dhanbad in the Copying Department.
3) A complaint was lodged by one Goutam Kumar Tewary against the petitioner on 15.3.2022 before the Registrar of the Civil Court, Dhanbad alleging therein that the petitioner has realized Rs. 4.50 Lakhs for providing employment as Fourth Grade employee at Civil Court, Dhanbad and that t
Disciplinary dismissal can be upheld based on preponderance of evidence, including audio recordings, even when there's a later compromise concerning alleged misconduct.
Disciplinary authorities must follow the established procedure of law and judicial pronouncements in disciplinary proceedings.
Non-examination of a complainant in a disciplinary inquiry is not fatal if sufficient evidence supports the charges, and harsh penalties can be justified based on loss of confidence.
The punishment imposed must be proportionate and not unduly harsh, and the failure to examine vital witnesses can vitiate the departmental proceeding.
Disciplinary action against government servants must follow due process; findings of misconduct supported by evidence warrant enforcement of penalties such as compulsory retirement.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
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