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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Sangita Kumari – Appellant
Versus
State of Jharkhand, through the Secretary, Department of School Education and Literacy – Respondent
JUDGMENT :
ANANDA SEN, J.
Heard learned counsel representing the petitioner and learned counsel representing the respondents.
2. In this writ petition, the petitioner prays for quashing of impugned order as contained in Memo No.2709 dated 01.10.2018 (Annexure-3 to the writ petition), whereby after conclusion of the Departmental Proceeding, the petitioner had been imposed with the punishment of withholding of three increments with non-cumulative effect.
2.1. The petitioner further prays for quashing of the Appellate Order as contained in Memo No.2948 dated 02.11.2023 (Annexure-8 to the writ petition), issued by the Secretary, School Education and Literacy Department, Government of Jharkhand, whereby the Departmental Appeal preferred by the petitioner had been dismissed and the punishment was confirmed.
2.2. The petitioner also prays that after setting aside the aforesaid impugned order dated 01.10.2018 and Appellate Order dated 02.11.2023, the benefits which have been withheld, be released.
3. Learned counsel representing the petitioner submits that the impugned orders have been passed in utter violation of the “Jharkhand Government Servants (Classification, Control & Appeal) Rules, 2016”
Minor penalty imposition requires strict compliance with Rule 19: imputations notice, representation opportunity, findings on each charge. Non-service of enquiry report violates natural justice; appe....
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....
Disciplinary proceedings must comply with principles of natural justice, including the examination of witnesses and the presentation of evidence; failure to do so renders the proceedings and any resu....
The mandatory nature of the procedure under Rule 7 of the Rules of 1999 in disciplinary proceedings and the requirement to adhere to natural justice principles.
Disciplinary charges invalid if vague without specific dates/times; spot reports cannot substitute full enquiries; salary stoppage on 'no work no pay' impermissible unless prescribed by rules with re....
Departmental proceedings must adhere to principles of natural justice, and acquittal in criminal cases does not preclude disciplinary action but requires proper evidence examination.
The failure to follow prescribed inquiry procedures and principles of natural justice invalidates disciplinary actions against government servants.
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