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CHAKRADHARI SHARAN SINGH
Vijaya Laxmi Kundra, W/o Dr. R. B. Singh – Appellant
Versus
State of Bihar through the Commissioner-cum-Secretary, Department of Health – Respondent
JUDGMENT :
The petitioner has put to challenge, in the present writ application filed under Article 226 of the Constitution of India, a notification issued vide Memo No. 322 dated 05.05.2014, by the Department of Health, Government of Bihar, whereby punishment of stoppage of full pension has been imposed upon the petitioner, in exercise of powers under Rule 43(b) of Bihar Pension Rules, 1950.
2. Heard Mr. Chitranjan Sinha, learned Senior Counsel assisted by Mr. Siddhartha Prasad and Ms. Surya Nilambari, learned Advocates and Mr. Rajeshwar Singh, learned GA-10 with Mr. Niraj Kumar, learned AC to GA-10.
3. The short facts leading to issuance of the impugned order are that the petitioner, at the relevant point of time, was posted as a Lady Medical Officer in MJK Hospital, Bettiah. On the charge of misconduct in the nature of her unauthorised continuous absence from duty since 1994, a departmental proceeding was initiated against her on 04.02.2003. The Enquiring Authority found the charge of misconduct against the petitioner of her unauthorised absence from 1994 to 07.01.1999 proved. A second show cause notice was issued to the petitioner with the enquiry report giving her opportunity to
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
While courts generally do not interfere with findings of fact in disciplinary inquiries, a penalty of dismissal for unauthorised absence is reviewable if the disciplinary authority fails to exercise ....
Dismissal should only be imposed for willful and intentional absence, and the punishment should be proportionate to the gravity of the misconduct.
Disciplinary action under Rule 43(b) of the Bihar Pension Rules requires proof of grave misconduct or financial loss to the government; failure to provide substantiated reasoning in orders renders th....
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
The court upheld the disciplinary authority's decision to impose a 100% pension cut for unauthorized absence, emphasizing the importance of discipline in public service.
The punishment imposed must be in accordance with the prescribed list of punishments under the relevant rules and should not deviate from the statutory provisions.
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