Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ARUN KUMAR RAI, SUJIT NARAYAN PRASAD
Bharat Sanchar Nigam Limited Through Chief Managing Director, Jan Path, P.O. Jan Path, P.S. Parliament Stret Police Station, District - New Delhi – Appellant
Versus
Shyam Bihari Son of Sri Mahabir Prasad Yadav – Respondent
| Table of Content |
|---|
| 1. writ petitions challenge common tribunal order quashing reviews (Para 1 , 2 , 3 , 4) |
| 2. employees' regularization upheld; repeated charges quashed judicially (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. fraud findings permit administrative review per tribunal liberty (Para 16 , 17 , 18 , 19) |
| 4. judicial review only for apparent errors; no inherent admin review (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 5. charge memo quashing final; seniors' inquiry only permitted (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 6. no fresh inquiry after judicial quashing of charges (Para 42 , 43 , 44 , 45 , 46 , 47 , 49) |
| 7. writ petitions dismissed; tribunal order upheld (Para 51) |
ORDER :
Sujit Narayan Prasad, J.
1. Both the writ petitions are taken up together for hearing as these are preferred against the common order passed by the learned Central Administrative Tribunal, Patna Bench, Patna (Circuit Bench at Ranchi).
2. The common order dated 19.08.2025 passed in O.A No. OA/050/00151/2021 and O.A No. OA/050/00306/2021 is under challenge in W.P(S) No.6953 of 2025 and W.P(S) No.497 of 2026 respectively.
3. The following prayers have been made in the
Administrative authority cannot review judicially quashed charge memorandum attaining finality by issuing fresh inquiry notices absent statutory power; violates judicial discipline.
No administrative power to review or revive departmental enquiry after judicial quashing of charge memorandum attaining finality; limited to statutory provisions only.
Charge memo in disciplinary proceedings must be approved by the disciplinary authority; lack thereof renders entire proceedings vitiated ab initio, warranting quashing without remand in peculiar circ....
Fairness in disciplinary proceedings requires adherence to natural justice, and actions unsupported by adequate evidence are not sustainable.
The main legal point established in the judgment is the need for integrity in the judiciary, the limitations of judicial review, and the principles governing interference with administrative decision....
Disciplinary proceedings must be supported by adequate evidence, and a lack of procedural compliance can lead to judicial intervention.
Judicial review of disciplinary charge memos is limited; premature quashing is improper if charges are supported by evidence, requiring internal resolutions first.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
