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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR
Meena Kumari Rai – Appellant
Versus
State of Jharkhand through the Principal Secretary, Department of School Education and Literacy, Government of Jharkhand, Ranchi – Respondent
| Table of Content |
|---|
| 1. petitioner's request to quash departmental proceedings. (Para 1 , 2) |
| 2. debate over the seriousness of charges and fairness of punishment. (Para 3 , 4 , 5 , 6) |
| 3. judicial limits in reviewing disciplinary punishments. (Para 7 , 8 , 9 , 10) |
| 4. charges not grave enough for removal from service. (Para 11) |
| 5. order to remand for reconsideration of punishment. (Para 12 , 13) |
Order :
RAJESH SHANKAR, J.
1. The present writ petition was initially filed for the following reliefs:
(i) For quashing the Resolution as contained in Memo No. 454 dated 05.02.2019 issued under the signature of the respondent no. 2 – the Joint Secretary, Department of School Education & Literacy, Government of Jharkhand, whereby it was decided to initiate departmental proceeding against the petitioner with further direction to serve her Memo of Charges mentioned in “Prapatra-Ka”.
(ii) For quashing of the Notification as contained in Memo No. 345 dated 25.01.2019 issued by the respondent no. 2, whereby and whereunder the petitioner has been suspended in contemplation of the decision to initiate departmental proceeding against her.
2. During pendency of the present writ petition, the respondent no. 2 passed f
The court held that removal from service must align with the severity of misconduct and emphasized the need for proportional punishment, especially considering the employee's long service record.
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
The High Court upheld the dismissal of a constable for unauthorized absence, ruling that appropriate procedures were followed, and punishment was not disproportionate to the violations committed.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
Judicial review in disciplinary matters is limited; courts cannot reassess evidence or interfere unless findings are arbitrary or unsupported by evidence.
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