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SANJEEV PRAKASH SHARMA
Parmeshwar Rai – Appellant
Versus
State of Bihar – Respondent
JUDGMENT
SANJEEV PRAKASH SHARMA, J.:–
Heard the learned counsel for the petitioner at length.
2. The petitioner by way of this writ petition assails the order dated 22.08.2017 passed by the Director, Secondary Education, Government of Bihar, Patna, whereby the petitioner has been punished stopping of two increments with cumulative effect.
3. Learned counsel for the petitioner limits his submission to the legality of the order on the ground that the petitioner had faced the departmental enquiry and the enquiry officer exonerated the petitioner from all the charges in his enquiry report. The disciplinary authority, namely, the Director, Secondary Education, Government of Bihar, Patna, has however proceeded to punish the petitioner solely on the basis of directions issued by the State Government. The order does not reflect any application of mind. That apart learned counsel for the petitioner submits that it is settled law if the disciplinary authority does not agree with with the findings of the enquiry officer and the enquiry report he shall mention the reasons for disagreeing from the findings of the enquiry officer and will send a show cause notice to the delinquent giving out the rea
Disciplinary authorities must provide an opportunity to represent when disagreeing with an inquiry officer’s findings, as per principles of natural justice.
The central legal point established in the judgment is the requirement for disciplinary authorities to base their findings on cogent reasons, seek explanation before inflicting major penalty, and pro....
The delinquent employee must be afforded an opportunity to be heard before any fresh report is submitted by the Enquiry Officer in disciplinary proceedings.
In disciplinary proceedings, the authority imposing penalties must adhere to procedural fairness, including providing reasons for differing from an inquiry officer's findings and allowing the employe....
Disciplinary Authority must provide reasons for differing from the Enquiry Officer's findings in a second show cause notice to ensure compliance with principles of natural justice.
Disciplinary authorities must provide clear, written reasons when disagreeing with inquiry officer's findings and must afford the charged officer an opportunity to respond before imposing punishment.
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