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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
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 removal from service order and compulsory retirement order, the applicant should be treated as reinstated from the date of removal till age of supposed superannuation.
(ii) But the Tribunal is fully aware the fact that applicant was not rendered his service claiming such period, hence, this Tribunal will refrain to pass any order with regards to back wages.
(iii) However, since the applicant’s removal/compulsory retirement has been held to violation of Procedure & Rules, hence he cannot be held guilty/responsible to non-rendering his service during this period. Therefore, we find that he is entitled to other retirement benefits by fixation of his notional increment of every year as he might have gained if he remained in service till his superannuation. Thus, his pension may be refixed accordingly
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 ....
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.
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
Judicial review of disciplinary actions emphasizes fairness of the inquiry and proportionality of punishment, allowing modification from removal to compulsory retirement when circumstances warrant.
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