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K. VINOD CHANDRAN, RAJIV ROY
Vikas Kumar Sharma – Appellant
Versus
State of Bihar – Respondent
Rajiv Roy, J.—Two writ petitions have been preferred by the petitioner. The first writ petition being CWJC No. 4937 of 2011 has been preferred for the grant of following reliefs:—
(i) to issue a writ in the nature of certiorari to quash the order passed on administrative side by the Standing Committee of Hon'ble Patna High Court under Rule 43b of Bihar Pension Rules 1950, whereby and where under 5% pension admissible to Petitioner has been deducted for ever and period of suspension has been directed to be treated as such', communicated under memo no. 14452 dated 25.09.10;
(ii) to issue a consequential writ in the nature of mandamus directing and commanding the respondent authorities to treat the period of suspension of the Petitioner on duty for all practical purposes and grant all its consequential benefits flowing out of the same i.e. to pay full salary together with admissible allowances i.e. D.A. M.A. HRA, sumptuary allowance, fuel allowance, newspaper allowance, library allowance etc;
(iii) to issue further a consequential writ in the nature of mandamus directing and commanding the respondent authorities to count the period of suspension for calculating pension together with earn
Disciplinary proceedings against government employees must be conducted fairly, based on adequate evidence, and require reasoned decisions to uphold the principles of natural justice.
The jurisdiction of a state to impose disciplinary actions on an employee ceases once the employee is allocated to another state, and any disciplinary proceedings must adhere to statutory time limits....
The central legal principle established is that adherence to the principles of natural justice is essential in departmental proceedings, and failure to provide a fair hearing or necessary documentati....
Pension rights cannot be revoked without adherence to due process, ensuring legal and procedural fairness in disciplinary proceedings, especially when misconduct charges remain pending.
The court established that the suspension should be revoked after acquittal, and the subsequent criminal case did not bar revocation and retirement.
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