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PRABHAT KUMAR SINGH
Sudama Devi, Wife of Late Jhalakdeo Singh – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
1. Through this writ application the petitioner has prayed for the following reliefs:-
(ii) That an appropriate writ may be issued quashing the order dated 26.06.2015 issued vide Memo No. 2550 passed by the Respondent No. 3 as contained in Annexure-7 whereby and whereunder he has been pleased to award the punishment of forfeiture of all the retirement benefits namely, pension, gratuity, leave encashment of the petitioner in a departmental proceeding;
(iii) That an appropriate writ may be issued commanding upon the respondent authority to pay the petitioner full salary for four months prior to her retirement with interest;
(iv) That an appropriate writ may be issued commanding upon the respondent-authority to take steps for granting the petitioner her total retiral benefits i.e. pension, gratuity and leave encashment after quashing Annexure-7 and Annexure-10.
(v) Any other relief or reliefs be grant
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.
Disciplinary actions for misconduct against a retired government employee must be initiated within four years as per Rule 43(b) of the Bihar Pension Rules; otherwise, such proceedings are invalid.
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....
The main legal point established is the requirement to prove charges with a preponderance of probability and the mandatory nature of procedural rules in departmental proceedings.
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