Jharkhand HC Upholds Punishment for Subedar Over Illegal Allowance Claims
Case No: W.P. (S) No. 1204 of 2022
By Sandhya kaika
The Jharkhand High Court has dismissed a writ petition filed by Subedar Rabindra Nath Mishra, challenging a disciplinary order that withheld two annual increments with cumulative effect (equivalent to three “black marks”). The court ruled that the punishment was justified after evidence proved the officer illegally drew training allowances while performing unrelated duties.
The controversy began when a departmental inquiry revealed that Mishra received a 15% Training Allowance during multiple periods between 2009 and 2010. Investigations confirmed that during these times, he was not actually instructing trainees; instead, he was deployed for:
Election and By-election duties in Tamar and Bokaro.
Law and Order duties at Deoghar, Chaibasa, and Giridih.
General office-related work.
The Enquiry Officer concluded that the allowance is strictly reserved for instructors actively conducting classes, rendering Mishra’s claims illegal. Mishra argued that the inquiry was based on an anonymous complaint and that he was denied necessary documents, violating natural justice. However, the State proved that relevant documents were supplied and a formal second show-cause notice was issued before the penalty.
Justice Ananda Sen emphasized that the High Court cannot act as an “Appellate Authority” to re-evaluate evidence unless the findings are perverse or the process is illegal.
The Court found:
No irregularity was found in the departmental proceedings.
The punishment was not “shockingly disproportionate” to the offense.
Under Article 226, the court will not interfere if there is legal evidence supporting the findings.
The Court maintained that the prerogative to decide the quantum of punishment lies with the employer. Finding no ground for interference, the writ petition was dismissed, upholding the disciplinary action against the officer.
