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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sri Ananda Sen, J
Alok Kumar, son of Late Karmdayal Sahu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
This is a writ in the nature of certiorari.
2. By filing this writ petition, the petitioner has challenged the order of punishment as contained in Order No.5/Aarop-1- 130/2018-19743 (HRMS)/Ranchi dated 23.03.2023 (Annexure-6 to the writ petition), whereby the petitioner has been inflicted with a punishment of stoppage of two yearly increments with non-cumulative effect.
Further prayer has been made to set aside the entire departmental proceeding which arises out of Resolution No.1616 (hrms) dated 04.04.2019.
Further, prayer has been made to release the entire arrears of salary and other consequential benefits in favour of the petitioner, after setting aside the impugned order.
3. Heard learned counsel representing the petitioner and learned counsel representing the respondents.
4. The petitioner was posted as Circle Officer, Sonahatu District, Ranchi, at the relevant point of time.
5. A departmental proceeding was initiated against the petitioner for which a charge-sheet was issued containing several charges.
An Enquiry Officer was appointed. Opportunity was given to the petitioner to defend himself.
After conclusion of the departmental enquiry, the Enquiry Officer
Disciplinary Authority must provide reasons for differing from the Enquiry Officer's findings in a second show cause notice to ensure compliance with principles of natural justice.
The High Court confirmed that the Disciplinary Authority's decision to impose a penalty is sustainable if procedures are adhered to and the findings are not perverse, maintaining limited judicial rev....
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
Disciplinary action without providing a hearing violates principles of natural justice and procedural fairness.
Disciplinary authority must provide specific reasons in second show cause notice when disagreeing with enquiry officer's exoneration; absence violates natural justice. Entire gratuity withholdable pe....
Departmental proceedings require strict adherence to the principles of natural justice, including the substantiation of charges with cogent evidence; mere allegations are insufficient.
The central legal point established in the judgment is the requirement for disciplinary authorities to base their findings on cogent reasons, seek explanation before inflicting major penalty, and pro....
The Disciplinary Authority must issue a reasoned notice of disagreement when departing from exonerating findings in disciplinary proceedings, ensuring the principles of natural justice are upheld.
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