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PRABHAT KUMAR SINGH
Ishwar Paswan S/o Late Mathura Paswan – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Heard learned counsel for the petitioner and the State.
2. Writ petition has been filed for quashing order dated 16.11.2011 (Annexure 9) passed by the Collector, Nalanda at Biharsharif (respondent no.2) by which two increments of the petitioner with non-cumulative effect has been stopped.
3. Short facts giving rise to the writ petition is that the petitioner, while working as Chaukidar under Bind Police Station within the District of Nalanda, was put under suspension on the charge of having connivance in murder, theft of computer, giving protection to the grand son of accused of Bind Police Station Case No. 127 of 2009. He was departmentally proceeded on the charge of his being involved in a criminal case. After full fledged enquiry, although charge against the petitioner was not proved in the departmental proceeding, the Disciplinary Authority having found the conduct of the petitioner unbecoming of a Government servant, inflicted the punishment of censure and stoppage of two annual increments with non-cumulative effect.
4. Learned counsel for the petitioner assails the impugned order on the ground that the petitioner had been exonerated in the enquiry report. However, with
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 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....
Acquittal in a criminal case does not automatically lead to exoneration in a departmental inquiry, and the disciplinary authority has discretion in treating the suspension period.
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