Judicial review of disciplinary actions is limited, and penalties may only be modified if deemed shockingly disproportionate to proven misconduct.

JUDGMENT :

ANANDA SEN, J.

By filing this writ petition, the petitioner has prayed for the following reliefs:-

(i) To quash and set aside the order, contained in office order no.256 dated 14.03.2022 (Annexure-7), issued under the pen and signature of Deputy General Manager (respondent No.3), whereby and whereunder, the petitioner has been made to retire from service on 31.03.2014.

(ii) To also quash and set aside the order contained in office order no.278 dated 25.03.2022 (Annexure-8), issued under the pen and signature of Deputy General Manager (Respondent no.3) whereby and whereunder full pension and gratuity of the petitioner have been withheld.

(iii) To direct the respondents to pay all the pension-cum-retirement benefits including gratuity and all other benefits to the petitioner as he retired on 30.09.2021 from the post of Messenger.

(iv) During the pendency of this writ application, the operation, execution and implementation of office orders dated 14.03.2022 and 25.03.2022 may kindly be stayed.

(v) For any other appropriate relief / reliefs, to which the petitioner is found to be entitled in the facts and circumstances of this case as also to do conscionable justice to the petitioner.

(vi) To quash and set aside the order contained in Memo No.896 dated 08.05.2023 (Annexure- 12) passed by Managing Director, Jharkhand Bijli Vitran Nigam Limited (JBVNL) whereby the full pension and gratuity of the petitioner has been withheld.”

2. Heard learned counsel representing the petitioner and learned counsel representing the respondents.

3. The facts of the case are as follows :-

3.1. The petitioner was appointed on compassionate ground as Messenger on 26.11.1984 in Central Electricity Supply Division, Patna. After the bifurcation he was allocated to the State of Jharkhand.

3.2. On the complaint of his wife Smt. Jyotsna Bhattacharya on 20.06.2017 to the General Manager (HR), he was proceeded departmentally by framing a Memo of Charge vide Office Order No. 831 dated 19.08.2020 against him. The two charges which were levelled against the petitioner are as follows:-

(i) The date of birth entered in the service book of the petitioner is 19.09.1961 which is on the basis of Matriculation Certificate but a complaint has been received that actual date of birth is 01.04.1954.

(ii) The petitioner married second wife in spite of the fact that he was already married and his first wife is still alive.

3.3. The petitioner submitted reply on 18.11.2020 denying the charges levelled against him.

3.4. A departmental enquiry was conducted and enquiry report was submitted on 28.09.2021 by the Enquiry Officer.

3.5. The petitioner has been made to retire w.e.f 31.03.2014 vide office order no.256 dated 14.03.2022 considering his date of birth as 1.04.1954 and vide order contained in office order no.278 dated 25.03.2022 a second show cause notice issued annexing enquiry report to the petitioner seeking his reply for the proposed punishment of withholding full pension and gratuity. Thereafter again petitioner has been issued reminder notices dated 08.06.2022 and dated 28.09.2022 asking the petitioner to submit reply, to which the petitioner submitted reply on 19.10.2022.

3.6. The Managing Director, Jharkhand Bijli Vitran Nigam Limited, Ranchi after considering the reply of the petition has passed order of withholding the full gratuity and pension vide Memo No.896 dated 08.05.2023. Thus, being aggr