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ANSHUMAN
Basudeo Prasad Mandal – Appellant
Versus
State of Bihar – Respondent
Dr. Anshuman, J.—Heard learned Senior counsel for the petitioner and Learned counsel for the State.
2. The present writ petition has been filed for the following reliefs:—
(i) To issue a writ/order/direction in the nature of certiorari for quashing of letter no. 2609(g) dated 20.03.2018 issued by the State Government under the signature of Deputy Secretary, Building Construction Department, Patna by which the petitioner has been reverted back to the post of Assistant Engineer under the Bihar Government Servant (Classification, Control & Appeal) Rules, 2005 (Annexure 13).
(ii) To issue a writ/order/ direction in the nature of certiorari for quashing report dated 19.09.2014 by which the Presiding Officer on basis of the inquiry report has held the charges leveled against the petitioner to be true.
(iii) For a direction to the respondent authorities to restore the service of the petitioner immediately on the post of Superintending Engineer-cum-Execution Engineer, Building Circle, Purnea with continuity in service and all consequential benefits.
(iv) To any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case.
3. Learned Senior c
Point of law : When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy befor....
Disciplinary action necessitates adherence to statutory rules, including providing a disagreement note when diverging from inquiry findings, as failure to do so violates principles of natural justice....
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
No pay cannot be applied to the present facts of the case, since the petitioner did not attend to work on account of illegal order of suspension and dismissal from service, passed by the appellants h....
Judicial review of disciplinary actions is limited; courts cannot reappraise evidence or substitute their judgment unless findings are arbitrary or unsupported by evidence.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
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