Back
P. B. BAJANTHRI
Ajay Ranjan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT
P. B. BAJANTHRI, J.:–
In the instant petition, petitioner has prayed for the following reliefs:—
“(i) In the nature of certiorari directing and commanding the respondent to quash the order as contain in office order No. 24 dated 22.01.2008 Passed by Secretary under the order of Managing Director, Bihar Rajya Jal Parshad, West Boring Canal Road, Patna 1, whereby and whereunder the suspension of the Petitioner was revoked with a condition:—
(A) That the delinquent should understand the importance of Job in future.
(B) That the delinquent shall receive only the subsistence allowance for the Period of suspension.
(ii) In the nature of “Mandamus” directing and Commanding the respondents to pay the full salary to the petitioner for the period of suspension.
(iii) For any other relief/reliefs for which the Petitioner is entitle.”
2. Petitioner was subjected to disciplinary proceedings on certain six charges. The inquiring officer held that the charges leveled against the petitioner were not proved. On receipt of inquiring officer's report, the disciplinary authority should have accepted or rejected the report, if the disciplinary authority disagreed with the inquiring officer's report. O
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 and appellate authorities must consider the petitioner's contentions in the proceedings and address them in their orders to ensure reasoned decisions and application of mind.
The disciplinary and appellate authorities must consider the petitioner's contentions and apply their minds when passing orders. The entitlement to back wages is discretionary and should be determine....
The failure to provide the charge-memo and seek explanation in a disciplinary enquiry nullifies further proceedings, and the result of a fresh enquiry relates back to the date of termination.
The court's decision emphasized the need for the suspending authority to review the suspension and the limitation on the court's interference with the disciplinary authority's actions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
