Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Jhk) 1781

HIGH COURT OF JHARKHAND
Deepak Roshan, J
Vinod Kumar – Appellant
Versus
State of Jharkhand – Respondent
W.P.(S). No. 5388 of 2019

Advocates:
For the Appellants/Petitioners: A. Allam
For the Respondents: Ashok Kr. Yadav, Ranjan Kumar

In disciplinary proceedings, the mere production of documents is insufficient to establish guilt. The contents of such documents must be authenticated through the oral examination of witnesses. Failure to lead such evidence violates natural justice, rendering the enquiry findings and subsequent punishment orders legally unsustainable.

Headnote:(A) Constitution of India - Article 311(2) - Principles of Natural Justice - Disciplinary Proceedings - Requirement of oral testimony - Production of documents without examination of witnesses - Validity of enquiry - A public servant cannot be found guilty in a departmental enquiry based solely on documents that have not been proven by oral evidence. Charges must be substantiated by witnesses who can speak to the authenticity of the information contained within the documents. Mere production of evidence without allowing for cross-examination or logical authentication violates the principles of natural justice and fair play. (Paras 10, 11, 14)

(B) Appeals - Duties of Appellate Authority - Necessity of reasoned orders - Disciplinary matters - An appellate authority is obligated to assign specific, cogent reasons for the rejection of an appeal. Cryptic or non-speaking orders lack legal validity, particularly when they involve the imposition of significant financial penalties or disciplinary consequences on an employee. (Paras 6, 7)

Facts of the case:
A public servant was subjected to disciplinary proceedings on charges of misconduct. During the departmental enquiry, no oral witnesses were examined to substantiate the allegations. The authorities relied exclusively on documents. Consequently, a major penalty was imposed, and multiple appeals filed by the aggrieved party were rejected without detailed reasoning, leading to successive judicial challenges.

Findings of Court:
The court observed that the disciplinary proceedings were procedurally flawed as no witnesses were produced to prove the evidence submitted against the employee. The failure to lead oral evidence to verify the contents of the relied-upon documents rendered the enquiry findings unsustainable in the eyes of the law.

Issues: The central issues were whether a disciplinary enquiry can be satisfied by the mere production of documents without oral examination, and whether the failure to record such evidence constitutes a violation of the principles of natural justice, thereby vitiating the resultant punishment.

Ratio Decidendi: Disciplinary enquiries are quasi-judicial proceedings governed by the principles of natural justice. A document cannot prove itself; therefore, the contents must be authenticated by a competent witness to form valid legal evidence. Where the department fails to produce oral testimony to prove the charges, the findings are based on no evidence, necessitating the quashing of the punishment order.

Result: The petition is allowed; the orders of punishment and the appellate decisions are quashed and set aside.

Table of Content
1. procedural history and factual background of the departmental inquiry. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. parties contest the validity of proceedings based on lack of oral evidence. (Para 8 , 9)
3. mandatory requirement of oral testimony for proving charges in disciplinary proceedings. (Para 10 , 11 , 12 , 13)
4. documentary evidence must be substantiated by witnesses to be considered legal proof. (Para 14)
5. quashing of punitive orders and directive for immediate grant of consequential benefits. (Para 16 , 17)

20/ 01.04.2026 Heard the parties.

2. The instant application has been preferred by the petitioner for the following reliefs:

a. To quash the notification dated 30.07.2019 (Annexure-7), issued by Secretary, Road Construction Department, Ranchi whereby the appeal preferred by the petitioner against the notification dated 27.03.2015 of the respondent-Department, has been rejected.

b. To quash the notification dated 27.03.2025 (Annexure-2), issued by the 4th respondent whereby petitioner has been downgraded to the minimum stage in his scale of pay and post as well as for recovery of a sum of Rs.69,40,098/-.

3. Earlier, the petitioner moved before this Court in W.P.(S) No. 2557 of 2014 challenging the order of punishment dated 27.03.2015; however, the said case stood dismissed as withdrawn with a liberty to file appeal before the appropriate forum against the order of punishment.

4. Petitioner again moved this Court in W.P.(S). No. 3697 of 2018 against the order of penalty as well as the appellate order dated 19.04.2018 and the said writ was partly allowed on 05.03.2019 and appellate order was set aside with an observation that the order is cryptic in nature and has not incorporated reason of rejection.

5. The brief facts as narrated in the writ application are that the petitioner was appointed as Assistant Engineer and he joined the post on 21.07.1981 and subsequently, he was promoted to the post of Executive Engineer in the year 2002. By resolution dated 14.02.2012, the petitioner was served with a charge-sheet containing as many as four charges. The petitioner submitted his reply on 05.03.2012. Thereafter, the departmental enquiry was conducted and after conclusion of the same, the enquiry officer submitted his report holding therein that charge No. 1 was proved but charge No. 2 regarding 49 invoices could not be proved. So far as charge No. 3 is concerned, the same was also not proved. Thereafter, 2nd show-cause notice was issued on 26.02.2014 to which the petitioner replied on 27.06.2014. However, without considering his reply, vide notification dated 27.03.2015, order of punishment was issued, which was subsequently affirmed by the appellate authority vide order dated 19.04.2018.

6. Since the order dated 19.04.2018, did not assign any reason for rejection of appeal, the petitioner moved before this Court in W.P.(S). No. 3697 of 2018 and this Court vide order dated 05.03.2019, set aside the said appellate order and remitted the matter to the appellate authority to consider the appeal of petitioner and pass an appropriate detail reasoned order considering the grounds raised by the petitioner and dispose of the appeal on merits within a period of 12 weeks from the date of receipt of copy of the order.

7. Thereafter, the petitioner again filed an appeal before the appellate authority; however, the appellate authority vide its order dated 30.07.2019 rejected the appeal and directed to recover a sum of Rs.69,40,098.87.

Throwing challenge to the aforesaid orders, the petitioner has preferred the instant writ application.

8. Learned Sr. Counsel for the petitioner has made following three submissions amongst other:

i) No oral witness has been examined to prove the charge.

ii) Even the entire charges arise out of CBI Case No. RC-3(A)-2010(R), wherein charge-sheet has not been filed against the petitioner due to lack of sufficient evidence (Annexure-8).

iii) The impugned order is non-speaking and therefore, the im

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2026 Supreme(Online)(Jhk) 1781

HIGH COURT OF JHARKHANDDeepak Roshan, JVinod Kumar – AppellantVersusState of Jharkhand – RespondentW.P.(S). No. 5388 of 2019

Cases Referred (4)

HIGH COURT OF JHARKHAND
Deepak Roshan, J
Vinod Kumar – Appellant
Versus
State of Jharkhand – Respondent
W.P.(S). No. 5388 of 2019