KALI CHARAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner in this writ application, has prayed for quashing the order dated 25.09.2003 (Annexure-8) passed by the respondent no. 3, who being the Disciplinary Authority of the petitioner, has imposed punishment upon the petitioner by way of censure and also by way of non-payment of petitioner's salary for the suspension period except the payment of subsistence allowance.

(3.) The grievance of the petitioner is that though, on the basis of the charge, he was proceeded against, but the Inquiry Officer who had conducted inquiry, had recorded his findings at the conclusion of the inquiry that the charge was not proved against the petitioner. The Disciplinary Authority despite such report of the Inquiry Officer, has proceeded to impose punishment against the petitioner by differing with the findings of the Inquiry Officer. It is submitted that before proceeding to impose the punishment, the petitioner was neither served with any show-cause notice assigning reasons as to why has the Disciplinary Authority sought to differ from the findings of the Inquiry Officer and affording opportunity to the petitioner to explain as to why the proposed punishment should not be imposed against the petitioner.