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P. B. BAJANTHRI
Amitabh Kumar Son of Late Sheo Kumar Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
1. Heard learned counsels for the parties.
2. In the instant petition, petitioner has prayed for following reliefs:-
(ii) To issue an appropriate writ, order, direction in the nature of certiorari for quashing the memo no. 975 dated 07.02.2018 issued under the signature of Deputy Secretary, Transport Department whereunder the petitioner has been put under suspension in terms of Rules 9(1)(c) of CCA Rules, 2005 as the suspension is based not only on nonexistent grounds (Annexure-4 Pg, ) but it has become protracted outlived its object and purpose after the lapse of prolonged time, especially since when in the departmental enquiry, the petitioner has been exonerated.
(iii) To issue an appropriate writ, order, direction in
The court's decision emphasized the need for the suspending authority to review the suspension and the limitation on the court's interference with the disciplinary authority's actions.
Government must periodically review prolonged suspensions per G.O. guidelines, ensure subsistence allowance, and expedite disciplinary proceedings.
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....
Suspended employees are entitled to subsistence allowance as a matter of right, and proper disciplinary proceedings must be initiated post-conviction under Rule 17(c).
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