From perusal of the said supplementary counter affidavit
especially para-4, it is quite clear that the respondents have not issued the
second show cause notice to the petitioner, but punished him after
differing with the findings incorporated in inquiry report. This procedure
which the respondents have adopted is in utter violation of the principles
of natural justice. The petitioner ought to have been issued a second show
cause notice indicating the ground of disagreement, before punishing him.
Thus, the punishment order cannot be sustained in the eyes of law as it
violates the principles of natural justice. Since the punishment cannot be
sustained, the appellate order also needs to be set aside.
8. Thus, I hereby set aside the order of punishment dated
29.09.2010, passed by the Disciplinary Authority as well as the appellate
order dated 10.03.2011, passed by the Appellate Authority.
9. The matter is remitted to the Disciplinary Authority. If the
Disciplinary Authority wants to proceed any further in the matter, he will
issue second show cause notice giving reasons as to why he is differing
with the inquiry report and will thereafter pass a reasoned order in
accordance with law.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1884 of 2018
Lalit Oraon Vs State of Jharkhand
Coram: Mr. Justice Ananda Sen
Dated:13.03.2019
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especially para-4, it is quite clear that the respondents have not issued the
second show cause notice to the petitioner, but punished him after
differing with the findings incorporated in inquiry report. This procedure
which the respondents have adopted is in utter violation of the principles
of natural justice. The petitioner ought to have been issued a second show
cause notice indicating the ground of disagreement, before punishing him.
Thus, the punishment order cannot be sustained in the eyes of law as it
violates the principles of natural justice. Since the punishment cannot be
sustained, the appellate order also needs to be set aside.
8. Thus, I hereby set aside the order of punishment dated
29.09.2010, passed by the Disciplinary Authority as well as the appellate
order dated 10.03.2011, passed by the Appellate Authority.
9. The matter is remitted to the Disciplinary Authority. If the
Disciplinary Authority wants to proceed any further in the matter, he will
issue second show cause notice giving reasons as to why he is differing
with the inquiry report and will thereafter pass a reasoned order in
accordance with law.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1884 of 2018
Lalit Oraon Vs State of Jharkhand
Coram: Mr. Justice Ananda Sen
Dated:13.03.2019
