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PRABHAT KUMAR SINGH
Gauri Shankar Mishra son of Chandrika Mishra – Appellant
Versus
State Of Bihar through the Chief Secretary Government of Bihar Patna – Respondent
JUDGMENT :
Heard learned counsel for the petitioner and the State.
2. Writ petition has been filed for quashing order dated 20.3.2015 (Annexure 5 to the writ petition) by which while awarding punishment of censure his two increments have been withheld with cumulative effect.
3. Learned counsel for the petitioner assails the impugned order on the ground that the petitioner had been exonerated in the enquiry report. However, without supply of copy of the enquiry report and second show cause, the Disciplinary Authority passed order of punishment and thus the petitioner was deprived of hearing before passing the order of punishment, contrary to the findings of the enquiry report. Reliance is place on the decision of the Hon’ble Apex Court rendered in the case of Punjab National Bank and others Vs. Kunj Bihar Mishra, reported in (1998) 7 SCC 84.
4. On the other hand, learned counsel appearing for the State supports the impugned order and submits that the impugned order does not suffer from any illegality as the same has been passed after following due procedure of law and also after giving adequate opportunity to the petitioner for defending himself in the enquiry proceeding as well as in t
The central legal point established in the judgment is the requirement for the charged officer to have an opportunity to represent before the Disciplinary Authority before final findings on the charg....
The central legal point established in the judgment is the requirement for disciplinary authorities to base their findings on cogent reasons, seek explanation before inflicting major penalty, and pro....
The principle of natural justice requires that the charged officer must have an opportunity to represent before the Disciplinary Authority before final findings on the charges are recorded and punish....
The charged officer must have an opportunity to represent before the Disciplinary Authority before final findings on the charges are recorded and punishment imposed, as a part of the first stage of i....
The main legal point established in the judgment is that the disciplinary authority must adhere to the principles of natural justice and issue a show-cause notice before imposing a penalty.
Disciplinary authorities must provide clear reasoning for departing from inquiry reports and allow the accused an opportunity to respond, ensuring fairness and compliance with natural justice princip....
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....
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