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P. B. BAJANTHRI, ARUN KUMAR JHA
State of Bihar – Appellant
Versus
Kumar Ajit Singh S/o Late Indradeo Singh – Respondent
JUDGMENT :
P.B. BAJANTHRI, J.
The present L.P.A is preferred by the State of Bihar against the order of the learned Single Judge dated 21.06.2018 passed in C.W.J.C. No. 18055 of 2010.
2. Brief facts of the case are that respondent – Kumar Ajit Singh was subjected to disciplinary proceedings on the alleged allegations that he had committed misdeeds while holding the post of Executive Magistrate, Pakur in the Treasury Office. It is alleged that while handling certain bills matter, he is stated to have violated various provisions of Bihar Finance Rules which has resulted in loss of Rs. 3.5 Lakhs. In this regard, parallel proceedings were initiated like holding of a departmental inquiry as well as criminal proceedings. In the criminal proceedings, he is stated to have been acquitted. On the other hand, departmental inquiry was concluded in imposition of penalty of cutting in pension to the tune of 20%.
3. Feeling aggrieved by the penalty, respondent is stated to have filed Review Petition before the Government. The State Government modified the disciplinary authority’s order to the extent of cutting of pension from 20% to that of 10%. Both the orders were subject matter of C.W.J.C. No. 180
The main legal point established in the judgment is the requirement for the disciplinary authority to analyze and determine whether the charges amount to grave misconduct and establish the financial ....
Disciplinary action under Rule 43(b) of the Bihar Pension Rules requires proof of grave misconduct or financial loss to the government; failure to provide substantiated reasoning in orders renders th....
Adherence to principles of natural justice and the correct application of pension rules are crucial in disciplinary proceedings against government employees.
Charges in disciplinary proceedings must be proved based on preponderance of probability, and compliance with procedural rules is mandatory. Pension deduction requires grave misconduct or pecuniary l....
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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