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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Union of India through General Manager, East Central Railway, Hajipur – Appellant
Versus
Awadhesh Kumar Sharma S/o Gouri Shankar Sharma – Respondent
| Table of Content |
|---|
| 1. incident led to removal without inquiry; tribunal quashed orders. (Para 1 , 2 , 3) |
| 2. procedural history: removal under rule 14, appeals, tribunal challenge. (Para 4 , 5 , 6 , 7 , 8 , 11 , 12) |
| 3. arguments: invalid rule 14 departure; acquittal irrelevant. (Para 9 , 10 , 13 , 14 , 15 , 16 , 18) |
| 4. judicial review limited to apparent error or perversity. (Para 17 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. rule 14 requires recorded reasons for bypassing rule 9 inquiry. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 6. removal order lacks valid reasons for inquiry impracticability. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43) |
| 7. acquittal impacts no-inquiry departmental removal. (Para 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 8. no interference; writ petition dismissed. (Para 51 , 52 , 53) |
JUDGMENT :
1. The instant writ petition under Article 226 of the Constitution of India is directed against the order dated 04.04.2025 passed in O.A. No.051/00142/2021 by the learned Central Administrative Tribunal, Circuit Bench, Ranchi whereby and whereunder, the learned Tribunal has allowed the said original application by passing the following directions:
(i) As a consequence of quashing of r
Departure from regular disciplinary inquiry under Rule 14(ii) RS(D&A) Rules requires specific recorded reasons for impracticability; vague satisfaction invalidates removal order, especially with crim....
Departure from regular disciplinary enquiry under Rule 14(ii) requires reasoned satisfaction of impracticability; mere staff anger insufficient, mandating compliance with natural justice and Article ....
Removal from service post-criminal conviction not automatic under Rule 19(i) CCS(CCA) Rules; requires disciplinary authority's active consideration of all circumstances, effective representation oppo....
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
Disciplinary proceedings must adhere to natural justice principles. Acquittal in related criminal cases warrants reconsideration of departmental actions.
Admission of guilt by charged employee allows disciplinary authority to impose punishment without regular inquiry; criminal acquittal on benefit of doubt does not entitle to service benefits or vitia....
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
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