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PRABHAT KUMAR SINGH
Sunil Kumar – Appellant
Versus
State of Bihar – Respondent
Prabhat Kumar Singh, J. – Heard learned counsel for the petitioner and the respondents.
2. Writ petition has been filed for quashing order dated 7.4.2014 (Annexure 10 to the writ petition) by which three increments of the petitioner have been withheld with cumulative effect. Petitioner has also challenged order dated 25.8.2018 communicated to the petitioner vide letter dated 7.9.2018 (Annexure 22 to the writ petition), by which Appellate Authority has affirmed the punishment order dated 7.4.2014.
3. Brief facts of the case are that while working as the Executive Engineer in Patna City office of the Company, departmental proceeding was initiated against the petitioner vide resolution dated 23.12.2011 and having been found prima facie guilty of misconduct and negligence of duty, he was served charge sheet to which he submitted his written statement. On conclusion of enquiry, enquiry report was submitted on 6.2.2013 (Annexure 7). However, Enquiry Officer did not find charges to be proved and held that all the charges are based on suspicion and conjectures. Thereafter, Disciplinary Authority recorded opinion of the disagreement to the enquiry report and issued 2nd show cause with a copy
The central legal point established in the judgment is the requirement for disciplinary authorities to base their findings on cogent reasons, seek explanation before inflicting major penalty, and pro....
The central legal point established in the judgment is the requirement for the charged officer to have an opportunity to represent before the Disciplinary Authority before final findings on the charg....
Disciplinary authorities must provide clear reasoning for departing from inquiry reports and allow the accused an opportunity to respond, ensuring fairness and compliance with natural justice princip....
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
Penalties not specified in service rules cannot be imposed, and employees must be given a hearing when disciplinary authorities disagree with inquiry findings.
Point of Law- The word “consider”, is of great significance. Its dictionary meaning of the same is, “to think over”, “to regard as”, or “deem to be”. Hence, there is a clear connotation to the effect....
The charged officer must have an opportunity to represent before the Disciplinary Authority before final findings on the charges are recorded and punishment imposed, as a part of the first stage of i....
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