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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Parwind Kumar, son of Late Krishna Prasad – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition seeks quashing of flawed disciplinary proceedings. (Para 1 , 2 , 3) |
| 2. dispute on charge authority, proof, and replies. (Para 4 , 5) |
| 3. charge memo by subordinate invalidates enquiry (rule 17(3)). (Para 6 , 7) |
| 4. proceedings quashed; benefits directed to petitioner. (Para 8 , 9 , 10) |
JUDGMENT :
Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner, in this writ petition, has prayed for the following reliefs:-
I. For issuance of appropriate Writ (s)/ Order (s)/Direction (s), particularly a Writ in the nature of Certiorari for quashing of the order contained in memo no. 1405 (S) dated 13th April, 2021(Annexure No. 11), as the same is a non-speaking order as well as it suffers from perversity;
II. For issuance of appropriate Writ (s)/ Order (s)/Direction (s), particularly a Writ in the nature of Certiorari for quashing of the entire departmental proceeding initiated against the Petitioner vide memo no. 998 (S) W.E. dated 7th February, 2008 as the same is against the provision of Rule 17 (3) of the Jharkhand Government Servant (Classification, Control and Appeal) Rules, 2016, as the charge was neither prepared nor caused
Memorandum of charges issued by subordinate without disciplinary authority's approval is non est, vitiating entire departmental proceedings under Rule 17(3) of Jharkhand CCA Rules.
Disciplinary proceedings are invalid if the charge memo lacks independent approval from the competent authority, violating mandatory procedural rules.
Disciplinary proceedings must be approved by the competent authority; failure to do so renders the proceedings void.
Disciplinary proceedings against government servants must be initiated with proper authorization from the competent authority, failing which the proceedings are rendered void.
Disciplinary proceedings against a public servant must comply with mandatory procedural requirements, including proper approval of charge memos; failure to do so renders the proceedings illegal.
The disciplinary authority that initiates proceedings must be the appointing authority; actions taken by a subordinate authority are illegal and violate principles of natural justice.
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....
The court held that removal from service must align with the severity of misconduct and emphasized the need for proportional punishment, especially considering the employee's long service record.
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