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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Sushil Kumar, son of Shri Vishwanath Prasad – Appellant
Versus
State of Jharkhand, through the Secretary/Principal Secretary, School Education and Literacy Department – Respondent
JUDGMENT :
ANANDA SEN, J.
By filing this writ petition, the petitioner has sought for following reliefs:-
“(i) To quash and set aside the Notification contained in Memo No.2583 dated 23.12.2021 (Annexure-6) issued under the pen and signature of respondent no.3, whereby and whereunder, the penalty of stoppage of two increments with cumulative effect has been imposed upon the petitioner.
(ii) To also quash and set aside the enquiry report submitted by the Enquiry Officer dated 24.7.20 (Annexure-3).
(iii) During the pendency of the present writ petition, the operation, execution and implementation of the impugned Notification contained in Memo No.2583 dated 23.12.2021 (Annexure-6) may kindly be stayed.”
2. Heard learned counsel representing the petitioner and learned counsel representing the respondents.
3. Ms. Shivani Bhardwaj, learned counsel representing the petitioner, submits that without following the provision of law and without there being any oral evidence, the petitioner has been punished in a departmental proceeding. She submits that the Enquiry Officer relied upon some documents but surprisingly those documents were not brought on record as per law nor their contents were brought
Departmental proceedings require oral or documentary evidence to support charges; without it, findings are invalid and violate principles of natural justice.
Non-examination of witnesses to prove documents in a departmental proceeding violates the principle of natural justice and renders the entire proceeding and enquiry vitiated.
Departmental proceedings require strict adherence to the principles of natural justice, including the substantiation of charges with cogent evidence; mere allegations are insufficient.
In departmental proceedings, charges must be substantiated by oral evidence; reliance solely on unproven documents violates principles of natural justice.
Departmental inquiries must substantiate allegations with evidence through witness testimony, not solely through unverified documents.
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.
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