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ANSHUMAN
Praween Kumar – 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 the following reliefs: –
(i) Issuance of an order, direction or a writ in the nature of Certiorari, quashing/ setting aside the order impugned as contained in Memo order No. 4326(s) dated 30.05.2013 (Annexure-17) whereby and whereunder the petitioner has been reverted to the Post the of Assistant Engineer in lowest pay scale for whole service period, as well as permanent posting on nonwork post.
(ii) Issuance of an order, direction or a writ in nature the Certiorari, quashing/ setting the order impugned as contained in letter 5140 dated 07.06.2019 (Annexure-21) whereby and where under the review petition for review of order of punishment as contained in Annexure- 17 (supra) has been rejected.
(iii) For a declaration that the memo of charge dated 02.07.2009 is without jurisdiction and unsustainable in eye of law as the same has not been framed and approval by the competent authority.
(iv) For a declaration that the findings of the Inquiry Officer, Disciplinary Authority and the Reviewing Authority are based on no evidence.
(v) For commanding the R
Disciplinary proceedings against government servants must be initiated with proper authorization from the competent authority, failing which the proceedings are rendered void.
Disciplinary proceedings must be approved by the competent authority; failure to do so renders the proceedings void.
Departmental proceedings initiated by an incompetent authority are null and void, requiring adherence to statutory delegation for valid charges and actions.
The court ruled that a second charge memo, being a replica of a previously quashed memo, was invalid, emphasizing the principle of non-duplication of disciplinary charges.
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