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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Jane Madhura Bara W/o Shri Vijay Beck – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
1. By filing this writ petition, the petitioner prays to quash the Office Order as contained in Memo No.433/ Simdega, dated 04.06.2020 (Annexure-9 to the writ petition), issued by the District Superintendent of Education, Simdega, whereby the petitioner was inflicted with the punishment of non-payment of salary for the period 21.04.2020 to 02.05.2020, on the principle of “No Work No Pay” and it was further ordered that the entry to that effect should be made in the service book.
1.1. The petitioner further prays to set aside the Appellate Order dated 28.01.2022 (Annexure-11 to the writ petition), whereby the Appeal preferred by the petitioner before the Appellate Authority was dismissed.
1.2. The petitioner also prays for a direction upon the respondents to consequently release the salary of the petitioner for the period 21.04.2020 to 02.05.2020.
2. Learned counsel representing the petitioner submits that there are several illegalities and irregularities in the departmental proceeding. He submits that the charge is vague. He contends that the charge memo was issued to the petitioner on 05.05.2020 and a purported enquiry report was submitted on 08.05.2020, based
Disciplinary charges invalid if vague without specific dates/times; spot reports cannot substitute full enquiries; salary stoppage on 'no work no pay' impermissible unless prescribed by rules with re....
The court refused to remit the matter for a de novo enquiry due to the prolonged duration of the disciplinary proceedings and the impending retirement of the appellant. The punishment imposed was fou....
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
Point of Law : It would not be safe to rely on the examination-in-chief recorded which was not subjected to cross examination before the summon was made.
Minor penalty imposition requires strict compliance with Rule 19: imputations notice, representation opportunity, findings on each charge. Non-service of enquiry report violates natural justice; appe....
Minor penalties require adherence to procedural fairness, including an inquiry, failing which the penalty is void.
Merely stating that huge financial losses are caused to the State would not suffice unless the charges are even prima-facie supported by any credible material placed before the court.
Procedural fairness in disciplinary inquiries mandates adherence to statutory requirements, including the presentation of evidence and opportunity for defense, failure of which invalidates the inquir....
The mandatory nature of the procedure under Rule 7 of the Rules of 1999 in disciplinary proceedings and the requirement to adhere to natural justice principles.
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