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PRABHAT KUMAR SINGH
Chaturgun Prasad – Appellant
Versus
State of Bihar – Respondent
Prabhat Kumar Singh, J. – The instant writ application has been filed for following reliefs: –
(i) For quashing the letter no. 195(Mu) dated 20.4.2011 issued under signature of Collector, Gaya and letter no. 132(4) dated 4.4.2011 issued under the signature of Principal Secretary, Revenue and Land Reforms Development, Government of Bihar, Patna by these letters following order has been passed.
(a) That the petitioner will not be paid any amount except subsistence allowance for the period of suspension.
(b) That 25% pension of the petitioner will be held for ever.
(c) That misappropriated amount of Rs. 33,552/- (Thirty three thousand five hundred fifty two) will be recovered from the pension of the petitioner in equal proportionate.
(ii) For commanding the respondents authorities to release the entire amount of subsistence allowance which has been withheld by clause (a) of impugned order passed under clause 43(b) of Bihar Pension Rule is not permissible under the eye of law.
(iii) For commanding the respondent authority to fix the pension of the petitioner on the basis of time to time revised pay scale with granting the scheme of A.C.P.”
2. In order to assail the order of punishment, petit
Violation of procedural rules and failure to consider the petitioner's defence and reply to show-cause led to the setting aside of the impugned order.
Violation of Rule 17 of the Bihar C.C.A Rules, 2005 led to the setting aside of the impugned order and remittance of the matter for consideration in accordance with the law.
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....
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....
Due process mandates proof of charges in disciplinary proceedings under administrative rules, and an alternative remedy for appeal must be considered.
The necessity for proper procedure and evidence in disciplinary actions is emphasized, validating the importance of fair trial principles.
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