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P. B. BAJANTHRI
Basudeo Das – Appellant
Versus
State of Bihar – Respondent
P. B. BAJANTHRI, J.:–Pursuant to the order dated 18.08.2022, Mr. B. Rajendra, Principal Secretary, G.A.D. is present in the Court. He fairly assisted the State Counsel.
2. On 18.08.2022 following order was passed:—
“Perusal of the records it is evident that petitioner was subjected to disciplinary proceedings on certain allegations. It is learnt that inquiring officer held that only one charge is proved out of sixteen charges. Further, in not completing the disciplinary proceedings the petitioner was compelled to approach this Court on two occasions one in CWJC and another in MJC (Contempt) despite that the concerned disciplinary authority has not passed the final order in the disciplinary proceedings which is launched against the petitioner. On the contrary, after retirement of the petitioner there was an internal communication from the Office of the Secretariat to the Office of the Accountant General to deduct 100% pension from the petitioner’s pension.
In the light of these facts and circumstances, Principal Secretary, General Administration Department, Govt. of Bihar, Patna is hereby directed to appear in person on the next date of hearing along with complete records to assist in
Charges in disciplinary proceedings must be proved based on preponderance of probability, and compliance with procedural rules is mandatory. Pension deduction requires grave misconduct or pecuniary l....
The main legal point established is the requirement to prove charges with a preponderance of probability and the mandatory nature of procedural rules in departmental proceedings.
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....
Adherence to principles of natural justice and the correct application of pension rules are crucial in disciplinary proceedings against government employees.
The main legal point established is the requirement to adhere to principles of natural justice, including the disclosure of reasons for decisions and the supply of vital materials considered before i....
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