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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Kameshwar Paswan Son of Late Chandradeo Dusadh – Appellant
Versus
Central Coalfields Limited (CCL), through its Chairman cum Managing Director – Respondent
| Table of Content |
|---|
| 1. petition challenges dismissal via writ for procedural flaws. (Para 1 , 2) |
| 2. no witnesses examined; documents unproved; no disclosure duty. (Para 3) |
| 3. suppression of matriculation hid underage ineligibility. (Para 4) |
| 4. documents require witness proof in quasi-judicial departmental enquiry; age minimum 16. (Para 5 , 7) |
| 5. writ allowed; impugned orders quashed. (Para 8 , 9) |
JUDGMENT :
SRI ANANDA SEN, J.
1. By way of filing this writ petition, the petitioner has sought for the following reliefs:-
(i) For issuance of an appropriate writ(s)/order(s)/direction(s) particularly a writ in the nature of certiorari for quashing the entire departmental proceeding including the charge-sheet dated 16.6.2021 contained in Letter no. 175 (Annexure-1) issued under the signature of the General Manager, Piparwar Area, CCL (Respondent No. 4) on the ground that the charge-sheet has been issued by an incompetent authority.
(ii) For issuance of a further appropriate writ(s)/order(s)/direction(s) particularly a writ in the nature of certiorari for quashing the dismissal order dated 28.06.2021 as contained in Memo no. 218 (Annexure-14) issued under the signature of respondent no. 4, whereby and
Departmental enquiry invalid without oral evidence or witnesses proving document contents; enquiry officer must act independently as quasi-judicial authority relying only on legally proved evidence.
Departmental proceedings require strict adherence to the principles of natural justice, including the substantiation of charges with cogent evidence; mere allegations are insufficient.
Departmental inquiries must be conducted with due adherence to principles of natural justice, requiring actual proof of allegations presented.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
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