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ANSHUMAN
Durgeshwar Mishra – Appellant
Versus
State of Bihar – Respondent
Dr. Anshuman, J. – Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed for quashing the order dated 07.12.2017/ 12.12.2017 passed by the Commissioner, Bhagalpur in Service Appeal Case No. 06 of 2017-18 (Annexure-7) and also filed to quash the order vide Memo No. 01 of 12/13- 17268/ dated 24.06.2017 passed by District Magistrate, Banka (Annexure-6) by which the punishment of compulsory retirement has been imposed upon the petitioner.
3. Counsel for the petitioner submits that petitioner was in service since 1998 and was working as clerk in Banka Collectorate, Banka, thereafter, he was transferred to Katoria Block, District-Banka, and subsequently, following the different transfers, he was lastly posted as Upper Division Clerk at Circle Office, Rajaun, Banka. Counsel submits that the petitioner was received the suspension letter issued vide Memo No. 520 dated 05.10.2016 by which he was suspended on the ground of indiscipline and directed to be deputed in Circle Officer, Fullidumer during his suspension. Vide Letter No. 225 dated 14.10.2016, charge memo has been served upon the petitioner and he was asked to present bef
The appellate authority must provide a reasoned decision considering all arguments in disciplinary proceedings, ensuring adherence to procedural fairness.
Violation of procedural rules in disciplinary proceedings leads to nullification of dismissal orders.
Disciplinary proceedings must adhere to principles of natural justice, including fair hearing and consideration of evidence; non-compliance renders dismissal orders unsustainable.
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