Smt Manju Kumari v. the State of Jharkhand through Its Chief Secretary
Case brief
What is this about?
Keywords: non-speaking order; non-reasoned order; quashing of punishment order; withholding of two annual increments with cumulative effect; Censor/censure; disciplinary inquiry; inquiry report not supplied to delinquent; inquiry held in absentia; no evidence adduced by department; second show cause notice; reply at annexure-9-page-75; counter affidavit cannot improvise impugned order; fresh order after serving entire enquiry report; twelve-week deadline; deemed non-prosecution; consequential benefits within six weeks; superannuation/retirement 30.06.2023; suspension period 28.09.2010 to 04.12.2013; arrear salary; State of Jharkhand; Food, Civil Supplies & Consumer Affairs Department; Special Secretary; Hindi extract of impugned order records disciplinary action against Smt. Manju Kumari (reference to Ramgarh). No precedent cited; no statutory provision cited by the Court.
What did the court decide?
Writ application allowed: impugned punishment order dated 26.11.2019 (Annexure-10) quashed and set aside; respondent directed to pass a fresh order after serving the entire enquiry report within twelve weeks, failing which the department is deemed not to want to proceed and all consequential benefits of quashment are payable within a further six weeks; I.As, if any, closed.