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P. B. BAJANTHRI
Ashok Kumar Son of Kapileshwar Sharma – Appellant
Versus
State of Bihar through Chief Secretary – Respondent
JUDGMENT :
Heard the learned counsels for the parties.
2. In the instant petition, petitioner has prayed for following reliefs:-
(B) Any other relief or reliefs as deemed fit and proper in the facts and circumstances of the Petitioners’ case.”
3. The petitioner was subjected to disciplinary proceedings under Rule 17 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 and it was concluded in holding the charges levelled against the petitioner were proved. On receipt of enquiring officer's report, the disciplinary authority proceeded impose penalty without resorting to furnish a copy of the enquiring officer's report and issuance of show cause notice as to why enquiring officer's reports shall not be accepted. The disciplinary authority imposed the penalty of censure and further withheld the
Adherence to the procedural requirements of disciplinary proceedings as per the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, is essential, and the imposition of penalties....
The central legal point established in the judgment is the requirement for disciplinary authorities to adhere to the prescribed procedures under the applicable rules while imposing penalties on gover....
Violation of procedural rules in disciplinary proceedings leads to nullification of dismissal orders.
Due process mandates proof of charges in disciplinary proceedings under administrative rules, and an alternative remedy for appeal must be considered.
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