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
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 these writ petitions:
In W.P(S) No.6953 of 2025:
“That by the instant writ petition petitioners pray for issuance of a writ of or in the nature of certiorari for quashing of order/Judgment passed in dated 19.08.2025 OA/ 050/ 00151/ 2021 by the Central Administrative Tribunal, Patna Bench, Patna (Circuit Bench at Ranchi); whereby and whereunder Original Application filed by the respondents has been allowed and learned tribunal has been pleased to quash and set aside order dated 25.02.2021 by which Petitioners herein have decided to review the TDM Dumka Order dated 09.03.1998 on the ground of collusion, forgery, malafides, conspiracy & fraud etc. and also petitioners herein was directed to grant all consequential benefits to
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
