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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
| Table of Content |
|---|
| 1. procedural order correction and record verification (Para 1 , 2 , 3 , 4 , 5) |
| 2. termination for moral turpitude despite retraction (Para 6 , 7 , 8 , 9 , 10) |
| 3. prior writ and slp dismissed for non-compliance (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. arguments on second writ maintainability and conduct (Para 18 , 19 , 20 , 21 , 22) |
| 5. review of peremptory dismissal orders (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 6. litigant conduct bars article 226 second writ (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 7. writ petition dismissed as not maintainable (Para 41 , 42) |
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 bee
Second writ petition against same order not maintainable when prior one dismissed for non-compliance with peremptory defect-removal orders; litigant's casual conduct constitutes misuse of process, pr....
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.
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