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P. B. BAJANTHRI, RAMESH CHAND MALVIYA
Bihar State Food and Civil Supplies Corp. ltd. – Appellant
Versus
Dhrupan Rout – Respondent
P. B. Bajanthri, J.—The appellants-Bihar State Food and Civil Supplies Corporation Limited (for short ‘Corporation’) have assailed the order of the learned Single Judge dated 22.03.2018 passed in C.W.J.C. No.10974 of 2005.
2. Respondent Dhrupan Rout, who was working as a Class-IV employee with the appellants-Corporation, he was directed to discharge the duties of post of Class-III, while doing so he was handling certain preparation of bills. He had prepared certain bills of Class-IV employees and forwarded the same to the next higher authority and it has reached the head office. The appellants-Corporation are of the view that whatever the bills submitted by the respondent in favour of 22 workers are not in accordance with law, therefore, he was subjected to disciplinary proceedings and it was concluded in imposition of penalty of dismissal from service. Dismissal order was subject matter of C.W.J.C. No.10974 of 2005 decided on 22.03.2018. Learned Single Judge has taken note of various legal lacunas in the departmental proceedings. The learned Single Judge has also taken note of identical matter and in paragraphs-10 and 11, it is stated as under:—
“10. Earlier Jageshwar Chaudhary agai
The court established that a dismissal based on insufficient evidence is invalid, and a fresh inquiry must be conducted if a prior punishment is quashed on technical grounds, while also affirming the....
Judicial review in disciplinary proceedings is limited to violations of natural justice or regulations; failure of the Presenting Officer to appear constitutes a legal lacuna.
The penalty of dismissal from service is disproportionate and unjustified when the proved charges of misconduct involve only administrative dereliction of duty without any component of financial misa....
The judgment emphasizes the importance of considering the defence of the delinquent employee and recording reasons in decision-making processes, highlighting the obligation to adhere to principles of....
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