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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Surendra Singh, son of Prof. T.N. Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
Heard learned counsel representing the petitioner and learned counsel representing the respondents.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction upon the respondents to quash the impugned Letter bearing No.1232 dated 22.11.2024 (Annexure-4 to the writ petition), whereby second Show Cause Notice was issued to the petitioner, asking him to file an appropriate reply so that the Departmental Proceeding can be concluded.
2.1. The petitioner has further prayed to conclude the Departmental Proceeding and pay the Gratuity amount to the petitioner which has not been disbursed even after his superannuation.
3. Learned counsel representing the petitioner submits that while in service, the petitioner was served with a Departmental Charge Sheet and thereafter a Departmental Enquiry was initiated. She submits that in the Departmental Enquiry, the petitioner was exonerated as the Enquiry Officer did not find any of the charges to be proved against the petitioner. She contends that the enquiry report was submitted on 21.06.2022, but the respondents slept over the same and did not take any action. She
Disciplinary authority must provide specific reasons in second show cause notice when disagreeing with enquiry officer's exoneration; absence violates natural justice. Entire gratuity withholdable pe....
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
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.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
A disciplinary authority must provide clear reasons for differing from an inquiry officer's findings; failure to do so can render the disciplinary action invalid.
The main legal point established in the judgment is the importance of following the principles of natural justice in disciplinary proceedings, including giving the delinquent officer an opportunity t....
The disciplinary authority must show a difference of opinion with the enquiry officer's finding before inflicting punishment and provide an opportunity for representation.
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