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2015 Supreme(Pat) 579

CHAKRADHARI SHARAN SINGH
Baidyanath Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s Manoj Kumar Ambastha, Akhileshwar Kr. Shrivastav
For the Respondents: Mr. Kumar Priya Ranjan
For the BPSC : Mr. Sanjay Pandey

ORDER :

The short question involved in the present writ application is as to whether in a departmental proceeding, a delinquent has a right to make representation against the adverse findings of the Inquiry Officer before the Disciplinary Authority, after having received the report of Inquiry Officer, in order to convince the Disciplinary Authority that such findings of the• Inquiry Officer are not correct and the Disciplinary Authority in turn, has an obligation to consider such representation before coming to his own findings as regards the delinquent's guilt.

2. The petitioner in the present writ application is aggrieved by an order dated 30.11.2000, whereby the competent authority has imposed upon him following punishments:-

(i) "Censure" to be entered into ACR of the petitioner of the years 1988-1989.

(ii) Reversion from the post of Executive Engineer to Assistant Engineer.

(iii) The petitioner shall not be entitled to any emoluments other than subsistence allowance for the period during which he remained under suspension, which period, however, shall be counted for the purpose of his pensionary benefits.

3. With the issuance of charge-sheet dated 4.6.1991, a disciplinary proceeding
















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