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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sri Ananda Sen, J
Savitri Devi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
The short point which needs consideration by this Court is whether in absence of any oral evidence in a departmental proceeding charge can be proved against the delinquent employee solely on the basis of some documents.
2. I have gone through the impugned punishment order, charge-sheet and inquiry report. Charge-sheet is at Annexure-6. The petitioner was the Child Development Project Officer. She was sought to be proceeded against in a departmental proceeding. The departmental charge-sheet is on record. As per the said charge-sheet the charge against the petitioner is that (i) during an inquiry it was found that the attendance of the children were less (ii) further during inquiry it was found that the Aanganbari Centre was closed on several occasions (iii) there is difference between the actual stock and the entries made in the stock register (iv) there was a written complaint by the Sevikas that Rs.1,000/- is being demanded by the Lady Supervisors which suggests that the petitioner has lost control and the same is being done under her supervision.
3. From the charge-sheet, I find that there is no whisper of any oral evidence which is sought to be adduced by t
In departmental proceedings, charges cannot be proved solely on documentary evidence without oral corroboration, upholding the principles of natural justice.
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.
A departmental proceeding cannot result in punishment without oral evidence; reliance solely on an internal inquiry report is insufficient.
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.
In departmental proceedings, charges must be substantiated by oral evidence; mere document submission is insufficient, rendering the proceedings invalid.
Departmental proceedings vitiated if based solely on unproved criminal investigation documents without oral witnesses or cross-examination, violating natural justice and fair play principles.
In disciplinary proceedings, the employer must prove charges through evidence, including witness testimonies, especially when imposing major penalties, to ensure adherence to principles of natural ju....
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