Jharkhand HC Reinstates Peon, Says Dismissal Over Tea and Biscuits Was Excessive

The Jharkhand High Court has reinstated a contractual peon who was dismissed after allegations that he took tea powder and biscuits from his office, holding that the punishment was grossly disproportionate to the alleged misconduct. A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar directed the employee's reinstatement with 50% back wages after setting aside the 2022 termination order.

The Court noted that the employee had served the District Rural Development Agency (DRDA), Bokaro, for nearly 17 years before being issued a show-cause notice in 2022. However, the notice failed to specify what items were allegedly taken, the quantity involved, or what had supposedly been returned, making it impossible for the employee to effectively defend himself.

The Bench also found that the termination order merely stated that his explanation was "unsatisfactory" without providing any meaningful reasons. It rejected the State's argument that the employee had admitted guilt, observing that his reply only sought leniency and expressed regret if any unintentional mistake had occurred.

The judges further noted that his clean service record and appreciation certificates from senior officers had been ignored. Even assuming the allegations were true, dismissing an employee after 17 years of service over such an incident was held to be a punishment that "shocks the conscience."

The Court restored the employee to service, awarded 50% back wages, and directed Bokaro district authorities to ensure compliance within the stipulated time.