{"id":271273,"date":"2022-08-05T18:00:45","date_gmt":"2022-08-05T12:30:45","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=271273"},"modified":"2022-08-05T15:28:10","modified_gmt":"2022-08-05T09:58:10","slug":"jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/","title":{"rendered":"Jharkhand High Court | Judicial review seeks to ensure fairness in treatment and not the fairness of conclusion; petition dismissed"},"content":{"rendered":"
\n

   <\/p>\n

Jharkhand High Court<\/span>: Anubha Rawat Choudhary, J., while dismissing the writ petition dealing with a service matter preferred by the petitioner, for quashing the Notification issued under Memo dated 29-08-2013, held that there is no error, much less any manifest error of law and procedure leading to any injustice to the petitioner.<\/p>\n

The petitioner has been imposed with the punishment of withholding 25% of Pension and Salary for the suspension period and a direction has been issued to the respondents to pay all retiral benefits including the amount towards GPF, Gratuity, Full Pension, Leave Salary, arrears of salary from the date of suspension till retirement and consequential benefits of Modified Assured Career Progression and other admissible dues with interest @ 10% per annum from the date of such dues till the actual date of payment and within a specified period.<\/p>\n

Facts:<\/p>\n

The petitioner was appointed as Assistant Engineer on 29-09-1981 and the petitioner was repatriated to the Road Construction Department in the month of July 2009. In the month of November 2009, the petitioner joined as Executive Engineer in charge in Giridih Works Division.<\/p>\n

The present case came out of an order passed in Public Interest Litigation where the preliminary inquiry was initiated by CBI and a criminal case was also instituted. The disciplinary proceeding was also instituted against the petitioner and was placed under suspension vide order dated 07-12-2009nmunder the provisions of Rule 49 (A) of Civil Services (Classification, Control and Appeal) Rules, 1930 (‘Rules').<\/p>\n

Arguments:<\/p>\n

Counsel for the Petitioner:<\/p>\n

The counsel for the petitioner contended that petitioner being a Class I Officer, the proposal seeking approval of charge sheet should have been approved by the Chief Minister and not the Minister-in- Charge. Hence, the entire disciplinary proceedings initiated on the basis of the charge sheet stands vitiated.<\/p>\n

The counsel submitted that the petitioner demanded a large number of documents vide representation dated 25-02-2012 and the enquiry officer was also appointed in the year 2012. The documents that were not provided were the measurement book and the so-called fake bills. The objection regarding the supply of documents was raised before the enquiry officer and also by the authority who imposed the punishment, but it was not considered properly. Hence, on account of non- supply of the documents, the entire disciplinary proceedings stand vitiated due to non-compliance of the Principle of Natural Justice (‘PNJ').<\/p>\n

The counsel for the petitioner submitted that charge was required to be substantiated by the department by adducing evidence and the documents were required to be formerly approved by oral evidence and no such oral evidence was adduced. Hence, the case is a case of no evidence.<\/p>\n

The counsel further submitted that a huge recovery has been directed from the petitioner and the petitioner is already retired. It was pointed out that no order under Section 43 (b) of the Bihar Pension Rules, 1950 has been passed to enable the respondents to pass an order of recovery from the pensionary benefits of the petitioner.<\/p>\n

Counsel for the respondent:<\/p>\n

The Counsel for the respondent opposed the petitioner’s prayer and submitted that the scope of interference in the departmental proceedings is very limited and there was neither any perversity nor any illegality in the matter of departmental proceedings.<\/p>\n

Regarding the violation of PNJ, the counsel for the respondent submits that the enquiry report clearly mentions that the documents were duly provided to the petitioner.<\/p>\n

While addressing the issue of the charge sheet having been issued by the Minister-in-Charge, the counsel submitted that the petitioner was never promoted to the post of Executive Engineer, instead he was just Executive Engineer (In-Charge), Class II Officer. Hence, the charge sheet was rightly issued.<\/p>\n

The counsel while answering the arguments regarding requirement to substantiate the charge by oral evidence before the Enquiry Officer referred to Rule 55 of Rules, 1930 wherein the procedure prescribed does not require that the oral evidence is to be necessarily adduced in the departmental proceedings.<\/p>\n

Issues:<\/p>\n

    \n
  1. \n

    Whether the charge sheet was issued to the petitioner by the competent authority?<\/p>\n<\/li>\n

  2. \n

    Whether the disciplinary proceeding is vitiated on account of alleged failure to supply material documents?<\/p>\n<\/li>\n

  3. \n

    Whether the enquiry proceeding is vitiated being based on no evidence?<\/p>\n<\/li>\n<\/ol>\n

    Observation and Analysis:<\/p>\n

    The Court mentioned a judgment passed by the Supreme Court, Pravin Kumar<\/i> v. Union of India<\/i>, (2020) 9 SCC 471<\/a>, in which the scope of interference in the matter of disciplinary proceedings was summarized. The scope of judicial review in service matters was discussed. The power of judicial review discharged by constitutional courts under Article 226 or 32, or when sitting in appeal under Article 136, is distinct from the appellate power exercised by a departmental appellate authority. It would be gainsaid that judicial review is an evaluation of the decision-making process, and not the merits of the decision itself. Judicial review seeks to ensure fairness in treatment and not fairness of conclusion. It ought to be used to correct manifest errors of law or procedure, which might result in significant injustice; or in case of bias or gross unreasonableness of outcome.”<\/i><\/p>\n

    The Court is of the view that merely because the petitioner was officiating the post of Executive Engineer in charge does not confer the status of Class I post. Consequently, the issue that the approval of Chief Minister was needed before starting proceedings, is devoid of merit.<\/p>\n

    The Court held that the petitioner has failed to make out a case for interference in the departmental proceedings on account of violation of the principles of natural justice alleging non-supply of certain documents, denial of opportunity to cross-examination of witnesses.<\/p>\n

    The Court further held that there is no legal impediment in resting the departmental proceeding merely on documents produced by the department in the shape of memo of evidence without formally exhibiting the same through oral evidence of any witness.<\/p>\n

    The Court also held that “It is well settled that judicial review is an evaluation of the decision-making process, and not the merits of the decision itself. Judicial review seeks to ensure fairness in treatment and not fairness of conclusion. There is no allegation of any bias, and no case has been made out alleging gross unreasonableness of outcome. There is no scope for reconsidering the materials produced before the enquiry officer and coming to a different finding. All the issues framed based on the arguments of the parties having been decided in favour of the Respondents as aforesaid, there is no scope for any interference in the impugned order and proceedings under Article 226<\/a> of the Constitution of India<\/a>. Accordingly, the present writ petition is dismissed”.<\/i><\/p>\n

    [Mathura Prasad v. State of Jharkhand, 2022 SCC OnLine Jhar 598<\/a> decided on 30-06-2022<\/span>]<\/p>\n\n

    Advocates who appeared in this case :<\/p>\n

    Mr. A.K. Sahani, Advocate, for the Petitioner;<\/p>\n

    Mrs. Darshana Poddar Mishra, A.A.G. I, Advocate, for the Respondents.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

        Jharkhand High Court: Anubha Rawat Choudhary, J., while dismissing the writ petition dealing with a service matter preferred by the <\/p>\n","protected":false},"author":67011,"featured_media":269625,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[14131,14371,5791,44552],"class_list":["post-271273","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-departmental-enquiry","tag-disciplinary-proceedings","tag-jharkhand-high-court","tag-service-matter"],"yoast_head":"\nJharkhand High Court | Judicial review seeks to ensure fairness in treatment and not the fairness of conclusion; petition dismissed | SCC Times<\/title>\n<meta name=\"description\" content=\"Anubha Rawat Choudhary, J., while dismissing the writ petition dealing with a service matter preferred by the petitioner, for quashing\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Jharkhand High Court | Judicial review seeks to ensure fairness in treatment and not the fairness of conclusion; petition dismissed\" \/>\n<meta property=\"og:description\" content=\"Anubha Rawat Choudhary, J., while dismissing the writ petition dealing with a service matter preferred by the petitioner, for quashing\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/\" \/>\n<meta property=\"og:site_name\" content=\"SCC Times\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/scc.online\/\" \/>\n<meta property=\"article:published_time\" content=\"2022-08-05T12:30:45+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/jharkhand_high_court.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"1337\" \/>\n\t<meta property=\"og:image:height\" content=\"888\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Editor\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Editor\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"5 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/\",\"url\":\"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/\",\"name\":\"Jharkhand High Court | Judicial review seeks to ensure fairness in treatment and not the fairness of conclusion; petition dismissed | SCC Times\",\"isPartOf\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/#website\"},\"primaryImageOfPage\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/#primaryimage\"},\"image\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/#primaryimage\"},\"thumbnailUrl\":\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/jharkhand_high_court.jpg\",\"datePublished\":\"2022-08-05T12:30:45+00:00\",\"author\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/84e42bab48238baf12c7e33b3d9761fe\"},\"description\":\"Anubha Rawat Choudhary, J., while dismissing the writ petition dealing with a service matter preferred by the petitioner, for quashing\",\"breadcrumb\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/\"]}]},{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/#primaryimage\",\"url\":\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/jharkhand_high_court.jpg\",\"contentUrl\":\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/jharkhand_high_court.jpg\",\"width\":1337,\"height\":888,\"caption\":\"Jharkhand High Court\"},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.scconline.com\/blog\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Jharkhand High Court | Judicial review seeks to ensure fairness in treatment and not the fairness of conclusion; petition dismissed\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#website\",\"url\":\"https:\/\/www.scconline.com\/blog\/\",\"name\":\"SCC Times\",\"description\":\"Bringing you the Best Analytical Legal News\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.scconline.com\/blog\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Person\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/84e42bab48238baf12c7e33b3d9761fe\",\"name\":\"Editor\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/image\/\",\"url\":\"https:\/\/secure.gravatar.com\/avatar\/34e366be721c41333586de05faa13743195f5b142dcd7a015c6fabd2389521d0?s=96&d=mm&r=g\",\"contentUrl\":\"https:\/\/secure.gravatar.com\/avatar\/34e366be721c41333586de05faa13743195f5b142dcd7a015c6fabd2389521d0?s=96&d=mm&r=g\",\"caption\":\"Editor\"},\"url\":\"https:\/\/www.scconline.com\/blog\/post\/author\/editor_4\/\"}]}<\/script>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"Jharkhand High Court | Judicial review seeks to ensure fairness in treatment and not the fairness of conclusion; petition dismissed | SCC Times","description":"Anubha Rawat Choudhary, J., while dismissing the writ petition dealing with a service matter preferred by the petitioner, for quashing","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/","og_locale":"en_US","og_type":"article","og_title":"Jharkhand High Court | Judicial review seeks to ensure fairness in treatment and not the fairness of conclusion; petition dismissed","og_description":"Anubha Rawat Choudhary, J., while dismissing the writ petition dealing with a service matter preferred by the petitioner, for quashing","og_url":"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/","og_site_name":"SCC Times","article_publisher":"https:\/\/www.facebook.com\/scc.online\/","article_published_time":"2022-08-05T12:30:45+00:00","og_image":[{"width":1337,"height":888,"url":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/jharkhand_high_court.jpg","type":"image\/jpeg"}],"author":"Editor","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Editor","Est. reading time":"5 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/","url":"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/","name":"Jharkhand High Court | Judicial review seeks to ensure fairness in treatment and not the fairness of conclusion; petition dismissed | SCC Times","isPartOf":{"@id":"https:\/\/www.scconline.com\/blog\/#website"},"primaryImageOfPage":{"@id":"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/#primaryimage"},"image":{"@id":"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/#primaryimage"},"thumbnailUrl":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/jharkhand_high_court.jpg","datePublished":"2022-08-05T12:30:45+00:00","author":{"@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/84e42bab48238baf12c7e33b3d9761fe"},"description":"Anubha Rawat Choudhary, J., while dismissing the writ petition dealing with a service matter preferred by the petitioner, for quashing","breadcrumb":{"@id":"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/"]}]},{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/#primaryimage","url":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/jharkhand_high_court.jpg","contentUrl":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/jharkhand_high_court.jpg","width":1337,"height":888,"caption":"Jharkhand High Court"},{"@type":"BreadcrumbList","@id":"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/05\/jharkhand-high-court-judicial-review-seeks-to-ensure-fairness-in-treatment-and-not-the-fairness-of-conclusion-petition-dismissed\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.scconline.com\/blog\/"},{"@type":"ListItem","position":2,"name":"Jharkhand High Court | Judicial review seeks to ensure fairness in treatment and not the fairness of conclusion; petition dismissed"}]},{"@type":"WebSite","@id":"https:\/\/www.scconline.com\/blog\/#website","url":"https:\/\/www.scconline.com\/blog\/","name":"SCC Times","description":"Bringing you the Best Analytical Legal News","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.scconline.com\/blog\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/84e42bab48238baf12c7e33b3d9761fe","name":"Editor","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/image\/","url":"https:\/\/secure.gravatar.com\/avatar\/34e366be721c41333586de05faa13743195f5b142dcd7a015c6fabd2389521d0?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/34e366be721c41333586de05faa13743195f5b142dcd7a015c6fabd2389521d0?s=96&d=mm&r=g","caption":"Editor"},"url":"https:\/\/www.scconline.com\/blog\/post\/author\/editor_4\/"}]}},"jetpack_featured_media_url":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/jharkhand_high_court.jpg","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":237073,"url":"https:\/\/www.scconline.com\/blog\/post\/2020\/10\/09\/jhar-hc-pensionary-benefits-granted-only-when-served-against-a-permanent-or-substantive-post-and-salary-being-paid-out-of-public-exchequer-irrespective-of-duration-served-r-58-of-jharkhand-pension\/","url_meta":{"origin":271273,"position":0},"title":"Jhar HC | Pensionary Benefits granted only when served against a permanent or substantive post and salary being paid out of public exchequer irrespective of duration served; R. 58 of Jharkhand Pensions Rules applied","author":"Editor","date":"October 9, 2020","format":false,"excerpt":"Jharkhand High Court: Deepak Roshan J., upheld the impugned judgment and dismissed the petition stating that the petitioner failed to show any error in the said judgment. The facts of the case is that the petitioner was appointed in 1971 as Extra Clerk in the office of District Sub- Registrar,\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":219299,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/09\/09\/jhar-hc-retiral-benefits-are-not-bounty-to-be-given-to-employees-rather-it-is-right-of-employees-to-get-retiral-benefits\/","url_meta":{"origin":271273,"position":1},"title":"Jhar HC | Retiral benefits are not bounty to be given to employees; rather, it is right of\u00a0employees to get retiral benefits","author":"Bhumika Indulia","date":"September 9, 2019","format":false,"excerpt":"Jharkhand High Court: Dr S.N. Pathak, J., allowed the present petition, directing the respondents to make payment of the entire retiral benefits to the petitioner within 10 days. The instant writ petition has been preferred by the petitioner for payment of his retiral dues i.e. pension, gratuity, arrears of pension\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":218114,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/16\/jhar-hc-hearing-delinquent-employee-necessary-where-disciplinary-authority-defers-from-finding-of-enquiry-officer\/","url_meta":{"origin":271273,"position":2},"title":"Jhar HC | Hearing delinquent employee necessary where disciplinary authority defers from finding of enquiry officer","author":"Bhumika Indulia","date":"August 16, 2019","format":false,"excerpt":"Jharkhand High Court: Sanjay Kumar Dwivedi, J. quashed the order which inflicted the punishment of non-payment of the salary of petitioner for a period of time during which a criminal case was lodged against the petitioner.\u00a0 The petitioner filed this writ petition for quashing order whereby the petitioner has been\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":308190,"url":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/family-pension-assam-services-rules-1969-entitlement-determination-criminal-appeal-gauhati-hc-legal-news\/","url_meta":{"origin":271273,"position":3},"title":"Pensioner entitled for provisional family pension till determination of criminal appeal with respect to Rule 22(1) of Assam Services (Pension) Rules, 1969: Gauhati HC","author":"Sucheta","date":"December 1, 2023","format":false,"excerpt":"The High Court opined that pension being a very valuable right, the legislature in its wisdom, had incorporated Rule 22 of the 1969 Rules, so that a pensioner survives till the allegations attain finality.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"gauhati high court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/gauhati-high-court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/gauhati-high-court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/gauhati-high-court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/gauhati-high-court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":323600,"url":"https:\/\/www.scconline.com\/blog\/post\/2024\/06\/05\/jhc-retirement-benefits-is-constitutional-and-fundamental-right-of-employee-with-no-legal-impediment-scctimes\/","url_meta":{"origin":271273,"position":4},"title":"Retirement benefits a Constitutional and fundamental right of an employee with no legal impediment: Jharkhand High Court","author":"Arushi","date":"June 5, 2024","format":false,"excerpt":"The Court stated that the respondent took filmsy stand which was not acceptable and this was another glaring example of delay and laches on the respondents\u2019 part for not extending the retirement benefits.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Jharkhand High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Jharkhand-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Jharkhand-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Jharkhand-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Jharkhand-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":249806,"url":"https:\/\/www.scconline.com\/blog\/post\/2021\/06\/15\/jhar-hc-is-the-second-wife-of-an-ex-employee-entitled-to-family-pension-court-answers-in-light-of-instant-facts\/","url_meta":{"origin":271273,"position":5},"title":"Jhar HC | Is the second wife of an ex-employee entitled to family pension? Court answers in light of instant facts","author":"Editor","date":"June 15, 2021","format":false,"excerpt":"Jharkhand High Court: Sanjay Dwivedi, J., dismissed the petition and directed the petitioner to apply for the family pension of the dependents before the competent authority in accordance with law. The petitioner has preferred the instant writ petition for quashing the part of the letter dated 21-02-2011 issued by the\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/271273","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67011"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=271273"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/271273\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/269625"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=271273"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=271273"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=271273"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}