Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Vijay Kumar Yadav, son of Late Bhaghwath Prasad Yadav – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner faced punitive actions based on an enquiry report. (Para 2) |
| 2. arguments regarding procedural violations and disciplinary decisions. (Para 3 , 4) |
| 3. enforcement of natural justice and due process in disciplinary cases. (Para 5) |
| 4. court permitted to address procedural failings in the disciplinary verdict. (Para 6) |
JUDGMENT :
SRI ANANDA SEN, J.
1. By way of filing this writ petition, the petitioner has sought for the following reliefs:-
i. For issuance of an appropriate writ(s)/order(s)/direction(s) particularly a writ in the nature of certiorari for quashing the order dated 16.03.2021, passed by the Commissioner, Santhal Pragna Division (Respondent No. 2) whereby and whereunder an appeal preferred against the order contained in Memo No. 75 Jamtara dated 24.01.2017 wherein the punishment has been awarded to the petitioner which include punishment of censure and stoppage of Payment and other allowances of his salary during the suspension period except subsistence allowances, was dismissed without giving any cogent reason.
ii. For issuance of an appropriate writ(s)/order(s)/direction(s) particularly a writ in the nature of certiorari for quashing the order contai
Disciplinary action without providing a hearing violates principles of natural justice and procedural fairness.
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.
Disciplinary authorities must adhere to principles of natural justice, providing proper notice and opportunity for representation before imposing sanctions against employees.
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....
Departmental proceedings require strict adherence to the principles of natural justice, including the substantiation of charges with cogent evidence; mere allegations are insufficient.
Disciplinary proceedings must adhere to natural justice principles, including providing notice and opportunity to defend, to ensure validity; failure to do so renders the proceedings void.
The main legal point established in the judgment is that the disciplinary authority must adhere to the principles of natural justice and issue a show-cause notice before imposing a penalty.
The central legal point established in the judgment is the requirement for disciplinary authorities to adhere to the prescribed procedures under the applicable rules while imposing penalties on gover....
The Court emphasized that it does not act as an appellate authority to re-appreciate the evidence and that the disciplinary authority is the sole judge of facts. The Court also highlighted that the s....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
