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ASHUTOSH KUMAR, ANJANI KUMAR SHARAN
Ram Datta Prasad Sharma – Appellant
Versus
State of Bihar – Respondent
ASHUTOSH KUMAR, J.:–Heard Mr. Raja Ram Mishra, the learned Advocate for the appellant and the learned counsel for the State.
2. The appellant had been subjected to a departmental proceeding with respect to the charges relating to making excess payment by violating the rules in that regard; payment of security money without completion of the work etc.
3. Though the appellant had participated in the inquiry, but the inquiry report, dated 30.05.1995, was never served upon him. Nonetheless, the inquiry report was acted upon and he was served with an order of punishment dated 13.02.1998. The punishment included censor and withholding of three annual increments with cumulative effect as well as recovery of Rs. 1.06 lacs with the additional stipulation that the appellant shall not be entitled to anything beyond the subsistence allowance during the period of suspension.
4. The aforesaid order could not be sustained in C.W.J.C. No. 7997 of 1998, whereby a Bench of this Court had remitted the case to the concerned authority for passing an appropriate order in accordance with law after giving opportunity to the appellant to file his response to the inquiry report.
5. It appears from the records t
Imposition of punishment after charges were not proved is unjust, and the respondent should be restored to the same position as if no punishment had been imposed.
Point of Law- The word “consider”, is of great significance. Its dictionary meaning of the same is, “to think over”, “to regard as”, or “deem to be”. Hence, there is a clear connotation to the effect....
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....
Disciplinary authorities must adhere to principles of natural justice, providing proper notice and opportunity for representation before imposing sanctions against employees.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
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