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P. B. BAJANTHRI, RAMESH CHAND MALVIYA
Bihar State Food and Civil Supplies Corporation Limited – Appellant
Versus
Ravi Kishore Sahay Son of Late Shashi Bhushan Sahay – Respondent
JUDGMENT :
P. B. BAJANTHRI, J.
In the instant appeal the appellants – Bihar State Food and Civil Supplies Corporation Limited and others (hereinafter referred to as ‘Corporation’) have assailed the order of the learned Single Judge dated 31.08.2018 passed in CWJC No. 4713 of 2006. Respondent – Ravi Kishore Sahay was subjected to disciplinary proceedings by the appellants – Corporation on the allegation of misappropriating the sugar and defalcation of Rs. 10.75 lakhs. The disciplinary proceedings was concluded in imposition of penalty of dismissal from service and it was subject matter of review petition in which also respondent had suffered orders on 29.03.2004 and 08.07.2004 respectively, which are subject matters of CWJC No. 4713 of 2006.
2. Learned Single Judge proceeded to allow the writ petition on technical / legal lacunas in the departmental inquiry, in which he has recorded that it is a case of no evidence and findings of the inquiring officer is perverse. He is also relying on the decisions of the Apex Court passed in the case of Roop Singh Negi vs. Punjab National Bank reported in (2009) 2 SCC 570 and State of U.P. vs. Saroj Kumar Sinha reported in (2010) 2 SCC 772.
3. The al
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....
The main legal point established in the judgment is that departmental inquiries must be conducted in accordance with the relevant rules and provisions, and non-compliance can lead to the setting asid....
Procedural irregularities in disciplinary inquiries can invalidate subsequent disciplinary actions.
The disciplinary and appellate authorities must consider the petitioner's contentions in the proceedings and address them in their orders to ensure reasoned decisions and application of mind.
Disciplinary charges must be specific and substantiated by relevant evidence; decisions based on unrelated facts or surmises are unsustainable.
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