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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Bishwanath Majee – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. The present appeal has been filed under Clause-10 of the Letters Patent against the order dated 16.02.2024 passed by the learned Single Judge of this Court in W.P.(S) No. 4956 of 2015, whereby and whereunder, the learned Single Judge has been pleased to dismiss the writ petition filed by the petitioner-appellant herein.
Factual Matrix
2. The brief facts of the case as per the pleadings made in the writ petition as has been incorporated in the impugned judgment needs to be referred herein which are as under:
(I) The petitioner was appointed as Constable No. 2498 in the year 2011 and during his service he was posted at Pokharia, P.S.: Tundi, Dhanbad on 29.07.2013.The appellant on 29.7.2013 at 05:00 a.m. had made 11 round firing in the air from his A.K.47 rifle in his room and outside the room. On hearing the sound of firing other police personnel had reached there and had caught the appellant and taken him to Dhanbad Police centre.
(II) On observation, it was found that the appellant was mentally ill and in this regard a report dated 29.7.2013 was submitted by Unit In-Charge to the Superintendent of Police, Dhanbad.
(III) Then the appellant was suspended from his service vide
Charges of misconduct leading to disciplinary action do not fall under protections for employees acquiring disabilities unless substantiated by proper mental health evaluations.
Employers cannot terminate employees who acquire disabilities during service; they must continue to provide wages and benefits under Section 47 of the Disabilities Act.
Judicial review of disciplinary actions is limited to ensuring due process was followed, not to reassess the proportionality of punishment unless it is shockingly disproportionate.
Disciplinary punishment must align with the severity of the misconduct, and excessive penalties can be subject to judicial review and modification.
(1) Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eye of the ....
Judicial review of disciplinary decisions is limited; courts cannot reconsider the nature of punishment unless found shockingly disproportionate, emphasizing the importance of discipline in sensitive....
The court upheld the punishment of dismissal from service, finding it to be proportionate to the offense committed and in compliance with the due process of law.
The disciplinary authority is not bound to accept the inquiry officer's findings and must ensure adherence to procedural rules in conducting inquiries, even amid ongoing criminal proceedings.
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