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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Sudhir Kumar Sinha, son of Late Surendra Prasad – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner's service termination and reinstatement claims. (Para 1 , 3) |
| 2. arguments regarding authority and validity of proceedings. (Para 4 , 5) |
| 3. requirements for evidence in disciplinary proceedings. (Para 6 , 8) |
| 4. evidence must prove charges in departmental proceedings. (Para 7 , 9) |
| 5. writ petition allowed; reinstatement ordered. (Para 10 , 11 , 12) |
JUDGMENT :
SRI ANANDA SEN, J.
1 By way of filing this writ petition, the petitioner has sought for following reliefs:-
(i) “For issuance of an appropriate Writ(s), order(s), and/or direction(s), particularly a writ in the nature of certiorari for quashing of Office Order no. 32 dated 19.12.2019, contained in Memo No. 1147 dated 19.12.2019, issued by respondent no.4 as contained in Annexure-22, whereby and where in compliance of order of the Hon’ble Jharkhand High Court dated 03.09.2019 in W.P.(S) No. 3294 of 2011(Sudhir Kumar Sinha Vs. State of Jharkhand and Ors), a reasoned order has been passed terminating the service of the petitioner,
(ii) For issuance of appropriate writ(s)/order(s) and/or direction(s) upon concerned respondents to reinstate the petitioner on the post of Amin Inspector in the district of Hazaribag
Departmental inquiries must adhere to quasi-judicial standards, requiring evidence and witness examination to substantiate charges against an employee.
A departmental inquiry requires evidence to substantiate charges; charges not backed by proof are insufficient for imposing punishment.
Departmental proceedings must comply with established rules, requiring evidence and witness examination; failure to do so invalidates the proceedings.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
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