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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Arjun Sah, s/o Late Saryug Sah – Appellant
Versus
Union of India through Additional Secretary (Vice Chairman)- cum Appellate Authority of Kendriya Vidyalaya Sangathan (KVS), Indian Ministry of Human Resource Development, Shashtri Bhawan – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. At the outset, it has been pointed out that there is some typographical error in the order dated 09.02.2026 wherein due to inadvertence, the reference of the case has been typed as “W.P.(C) No. 4019 of 2020” in place of “W.P.(S) No. 4019 of 2020”.
2. Accordingly, the order dated 09.02.2026 is modified to the extent that the reference of the case which has been typed as “W.P.(C) No. 4019 of 2020” be replaced with “W.P.(S) No. 4019 of 2020” and the remaining part of the order shall remain intact.
3. The original file pertaining to W.P.(S) No. 3532 of 2013 has been placed as directed by this Court vide order dated 09.02.2026.
4. We have perused the record of the said writ petition and has found that the said writ petition is in the nomenclature of service matter.
5. The order passed by the learned Tribunal had been challenged by the writ petitioner by filing writ petition under Article 226 of the Constitution of India, as such, the writ petition will be in the nomenclature of service matter being W.P.(S).
6. The instant writ petition filed under Article 226 of the Constitution of India is directed against the order dated 02.01.2013 passed by the learned
The main legal point established in the judgment is the limited scope of judicial review under Article 226 of the Constitution of India in disciplinary proceedings, as well as the principles governin....
The main legal point established in the judgment is the authority's power to terminate services under Rule 15(ii) of the Anandalaya Education Society (Service conditions, discipline, conduct and appe....
Point of law : When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy befor....
The court emphasized that jurisdictional issues must be resolved before a tribunal can adjudicate on matters, especially when related proceedings are pending in higher courts.
The court established that disciplinary actions must adhere to principles of natural justice and proportionality, especially when imposing severe penalties like dismissal.
Delay and laches can bar relief in writ petitions, especially when the petitioner fails to assert rights in a timely manner, rendering the case devoid of merits.
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