Back
P. B. BAJANTHRI
Vijay Kumar @ Vijay Kumar Singh – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J.—Heard learned counsel for the parties.
2. In the instant petition, petitioner has prayed for the following relief/reliefs:—
“The petitioner prays for issuance of appropriate order/orders, direction/directions, writ/writs for following reliefs:
(i) A writ in the nature of certiorari setting aside the order containing Memo No. 5405 dated 30.09.2013 (Annexure-17) passed in Departmental Proceeding No. 108/2011 by Respondent No.6 whereby and where-under petitioner who is constable bearing No.676 of Munger District Force has been dismissed from service with further direction that he will not get anything except subsistence allowance for the period of suspension and suspension period will be adjusted against half earned leave.
(ii) For setting aside the Memo No.1391 dated 27.06.2014 (Annexure- 18) passed by Respondent No.4 whereby and where-under the Appellate Authority has dismissed the appeal preferred against the order of dismissal and affirmed the order passed by Disciplinary authority.
(iii) For a direction upon the Respondents concerned to reinstate the petitioner in service with all consequential monetary benefits.
(iv) Any other order/orders for granting any other re
In disciplinary proceedings, the burden of proof rests on the employer, and failure to provide adequate evidence can invalidate dismissal orders.
Correction of date of birth in the service book can only be made within five years of entry into government service, and a genuine mistake must be established.
The court emphasized the importance of evidence and approval for any alterations made in official records, especially regarding personal details such as date of birth.
The court established that discrepancies in personal information provided during the appointment process can justify dismissal from service, and that the High Court's role is limited to reviewing the....
The central legal point established in the judgment is that a typographical error in official documents should not hinder a candidate's appointment, and corrected certificates should be considered fo....
The court emphasized the importance of rectifying small errors in certificates that could significantly impact an individual's career and held that delay in resolving such issues should not prejudice....
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
