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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Rajendra Tubid (Constable No.898), Son Of Late Birsingh Tubid – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. writ challenges constable dismissal post enquiry. (Para 1 , 2 , 3 , 6) |
| 2. mental ailment alleged to excuse absence unproven. (Para 4 , 5) |
| 3. no re-appreciation of evidence under article 226. (Para 7 , 8) |
| 4. duty abandonment and firearm neglect gravely misconduct. (Para 9 , 10 , 11 , 12) |
| 5. punishment quantum employer's unless shocks conscience. (Para 13 , 14 , 15 , 16 , 17) |
| 6. strict discipline mandates stern action for absence. (Para 18 , 19) |
| 7. delayed appeal and no evidence warrant no relief. (Para 20 , 21) |
JUDGMENT :
ANANDA SEN, J.
Heard learned counsel representing the petitioner and learned counsel representing the respondents.
2. By filing this writ petition, the petitioner has challenged the impugned order of punishment as contained in Memo No.1918 dated 26.03.2007 (Annexure-4 to the writ petition), whereby the petitioner has been dismissed from service after departmental enquiry.
2.1. The petitioner has further prayed for direction upon the respondents to decide his Departmental Appeal dated 22.03.2023 (Annexure-5 to the writ petition).
3. Learned counsel representing the petitioner submits that the petitioner was suffering from mental ailment, as a result of which
High Court interference in disciplinary proceedings against disciplined force members limited to natural justice violations, no evidence, or shockingly disproportionate punishment; dismissal for unau....
Under Article 226, High Courts cannot re-appreciate evidence or interfere with punishment in departmental proceedings absent procedural flaws, no evidence, or shockingly disproportionate penalty, esp....
The court upheld the dismissal of a disciplined force member for unauthorized absence and providing false information, emphasizing the importance of discipline and the limited scope of judicial revie....
Judicial review in departmental proceedings is limited to ensuring adherence to natural justice and does not permit reappraisal of evidence or substitution of views if a reasonable conclusion is reac....
The High Court upheld the dismissal of a constable for unauthorized absence, ruling that appropriate procedures were followed, and punishment was not disproportionate to the violations committed.
Judicial review in disciplinary matters is limited; courts cannot reassess evidence or interfere unless findings are arbitrary or unsupported by evidence.
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