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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S.RAMACHANDRA RAO, RAJESH SHANKAR
State of Jharkhand through the Secretary/Principal Secretary, Department of Forest, Environment and Climate Change, Government of Jharkhand, Ranchi – Appellant
Versus
Arun Kumar Singh, son of Late Parmeshwar Dayal Singh – Respondent
| Table of Content |
|---|
| 1. condonation of delay in filing appeal. (Para 1 , 2 , 3) |
| 2. background of the disciplinary proceedings against the respondent. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. arguments about the adequacy of due process and evidence. (Para 11 , 12 , 13 , 14) |
| 4. role of the enquiry officer and need for evidence. (Para 15 , 16) |
| 5. observations on the legal requirements of evidence in disciplinary proceedings. (Para 18 , 19) |
| 6. confirmed principle of proving documents through witnesses. (Para 20 , 21 , 22 , 23) |
| 7. final decision to dismiss the appeal with costs. (Para 24 , 25) |
JUDGMENT :
Rajesh Shankar, J. :
I.A No. 3812 of 2023 The present interlocutory application has been filed on behalf of the appellants for condonation of delay of 155 days in filing the present appeal.
2. Having heard learned counsel for the appellants and being satisfied with the reasons stated in the present interlocutory application, the delay in filing the present appeal is hereby condoned.
3. I.A No. 3812 of 2023 is accordingly disposed of.
L.P.A No. 190 of 2023
4. The present appeal is directed against the judgment/order dated 27.09.2022 passed in W.P.(S) No. 5205 of 2018 whereby the writ petition filed by the pet
Procedural fairness mandates that charges in disciplinary proceedings must be substantiated by examined witness testimony alongside documentary evidence for validity.
Disciplinary proceedings vitiated without oral evidence proving documents, even ex-parte; inquiry officer must independently assess evidence sufficiency as quasi-judicial authority, upholding natural....
The main legal point established in the judgment is that the violation of natural justice and biasness in departmental enquiry proceedings can lead to the cancellation of punishment and relief for th....
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.
Departmental proceedings vitiated if based solely on unproved criminal investigation documents without oral witnesses or cross-examination, violating natural justice and fair play principles.
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