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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Ashok Kumar Singh – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J. – In the present L.P.A., the appellant has assailed the order of the learned Single Judge dated 14.05.2019 passed in C.W.J.C. No.7348 of 2015.
2. The appellant while working as Executive Engineer was subjected to disciplinary proceedings under Rule 19 of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (For short “the Rules 2005”). On 26.07.2011, in seeking appellant’s explanation, appellant had submitted his explanation on 01.08.2011. Thereafter, the disciplinary authority proceeded to impose penalty of Censure and withholding two increments without cumulative effects on 09.05.2013.
3. Feeling aggrieved and dissatisfied with the imposition of penalty order by the disciplinary authority, the appellant preferred revision/review and it was rejected on 28.05.2015. Thus, the appellant has filed C.W.J.C. No.7348 of 2015 and it was dismissed on 14.05.2019. Hence the present L.P.A.
4. Learned Senior counsel for the appellant submitted that the learned Single Judge has committed error in not taking note of specific contention raised in reply to the charge dated 01.08.2011 and not apprised to the extent that there is non-application of mind on behalf
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
The disciplinary authority can impose minor penalties without a full inquiry if it finds such inquiry unnecessary after reviewing the charge-sheet response.
Judicial review in disciplinary matters is limited; courts cannot re-evaluate evidence unless there is a violation of due process or lack of evidence.
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