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MADHURESH PRASAD
Anish Kumar – Appellant
Versus
State of Bihar – Respondent
Madhuresh Prasad, J.—Heard learned counsel for the petitioner as well as the learned State Counsel.
2. By way of instant writ proceedings, the petitioner seeks quashing of the order dated 22.10.2008 of the District Magistrate, Nalanda, whereby and whereunder the punishment of withholding of two increments with non-cumulative effect and forfeiture of salary for the period of suspension 28.08.2006 to 22.10.2008 has been awarded. The petitioner has also assailed the appellate order dated 29.03.2011 passed by the Divisional Commissioner, Patna in Service Appeal Case No.12 of 2009, rejecting the petitioner's appeal and affirming the punishment.
3. The brief factual matrix is arising from issuance of charge memo on Prapatra-`K'. The same is dated 04.10.2006 (Annexure 4), communicated to the petitioner on 30.11.2006. The same contains a charge that the petitioner has issued rent receipts for a piece of land in favour of two persons and thereby created a dispute. The charge memo based on these facts alleges that the petitioner has indulged in favouritism towards the two persons and had demonstrated negligence and dereliction of duty as well as lack of discipline in discharge of his duties.
4.
Disciplinary authorities must provide cogent reasons for disagreement with inquiry findings, ensuring fair process under applicable rules.
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....
The court emphasized the necessity of adhering to procedural safeguards in disciplinary proceedings, particularly the requirement to provide an opportunity for representation when the disciplinary au....
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
Violation of procedural rules in disciplinary proceedings leads to nullification of dismissal orders.
Procedural fairness in disciplinary inquiries mandates adherence to statutory requirements, including the presentation of evidence and opportunity for defense, failure of which invalidates the inquir....
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