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P. B. BAJANTHRI
Akhileshwar Mishra son of Sureshwar Mishra – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Heard the learned counsels for the parties.
2. In the instant petition, petitioner has prayed for following reliefs:-
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 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....
Disciplinary authorities must adhere to principles of natural justice, providing proper notice and opportunity for representation before imposing sanctions against employees.
The court emphasized the need for the suspending authority to review the suspension within a specified period and pass reasoned orders, and directed the petitioner to approach the State Government fo....
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.
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.
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