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P. B. BAJANTHRI
Ram Sunder Singh son of Ram Subal Singh – Appellant
Versus
State of Bihar through the Home Secretary, Patna – Respondent
JUDGMENT :
Heard learned counsels for respective parties.
2. In the instant petition, petitioner has prayed for following reliefs:-
(i) For issuance of a writ of certiorari for quashing the order dated 28.3.2008 passed by Respondent no. 4 by which appeal (against the order of dismissal) of petitioner has been rejected (Annexure-7).
(ii) For issuance of a writ of certiorari for quashing the order dated 27.7.2005 passed by Respondent no. 5 by which the petitioner has been dismissed from service on the recommendation of the enquiry officer of Bettiah District Departmental Proceeding no. 28/2004 (Annexure-6).
(iii) For issuance of a writ of mandamus commanding the Respondents to show cause as to why for the same charges six persons (Police personnels) have been put under suspension and dismissal order of 5 of them have been set aside and they have been allowed to continue in service with punishment of withholding 3 years increment.
(iv) For issuance of writ of mandamus directing the Respondents not to adopt double standa
The failure to provide the charge-memo and seek explanation in a disciplinary enquiry nullifies further proceedings, and the result of a fresh enquiry relates back to the date of termination.
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 disciplinary and appellate authorities must consider the petitioner's contentions and apply their minds when passing orders. The entitlement to back wages is discretionary and should be determine....
The disciplinary and appellate authorities must consider the petitioner's contentions in the proceedings and address them in their orders to ensure reasoned decisions and application of mind.
The main legal point established in the judgment is the importance of adhering to natural justice principles in disciplinary proceedings, including providing a fair opportunity for the accused to def....
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