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P. B. BAJANTHRI
Pankaj Kumar Paswan – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J.—In the instant petition, petitioner has prayed for the following relief/reliefs:—
“That this is an application for invoking the writ jurisdiction of this Hon’ble Court for grant of the following reliefs:
(i) For issuance of a writ of certiorari or nay other appropriate writ order or direction for quashing the order dated 30.04.2013 contained in memo no. 1951 / L- 1 in Purnea District Departmental Proceeding No. 45/2011 passed by the respondent no. 3 the D.G.P. Bihar, Patna by which he has most arbitrarily and quite erroneously dismissed his revision/ representation against the order of dismissal passed by the disciplinary as well as appellate authority without considering the merit of the case.
(ii) For issuance of a writ of certiorari or any other appropriate writ order or direction for quashing the order dated 18.07.2012 contained in memo no. 821 passed by the respondent no.4, The D.I.G. Purnea by which he has most arbitrarily and quite erroneously dismissed the petitioners appeal against this dismissal from the post of police constable without considering the merit of the case.
(iii) For issuance of a writ of certiorari or another appropriate writ, order or direc
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.
Disciplinary authorities may conduct ex-parte proceedings if an employee is absconding, and prior misconduct can inform the determination of penalties, highlighting limited judicial review in discipl....
The main legal point established in the judgment is the importance of adhering to natural justice principles in disciplinary proceedings, including providing a fair opportunity for the accused to def....
The central legal point established in the judgment is the mandatory requirement of appointing a Presenting Officer in departmental proceedings under Rule 17(5)(c) of the CCA Rules, 2005, and the adh....
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