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P. B. BAJANTHRI
Kavindra Prasad Singh @ Rabindra Prasad Singh, Son of Late Rameshwar Singh – Appellant
Versus
State of Bihar, through the Additional Chief Secretary, Health Department – Respondent
| Table of Content |
|---|
| 1. petitioner's disciplinary proceedings and impugned orders. (Para 2 , 3) |
| 2. non-compliance with procedural rules affects penalty. (Para 4 , 5 , 6) |
| 3. contestation over delayed disciplinary actions and promotion. (Para 7) |
JUDGMENT :
(P.B. Bajanthri, J.)
Heard learned counsel for the respective parties.
2. In the instant petition, petitioner has prayed for the following relief/reliefs:
ii. For quashing the Resolution bearing Memo No. 1102 (9) dated 20.12.2021 issued under the signature of the Joint Secretary, Health Department, Bihar, Patna whereby and where under the petitioner has been visited with the punishment of compulsory retirement.
iii. For direction upon the respondent authorities to reinstate the petitioner in services with all consequential monetary benefits and allow him to attain the age of superannuation i.e. 67 years.
iv. For declaration by the Hon’ble Court that the proceeding from the stage of enquiry upto the punishment order is in breach of mandatory provisions contained in Bihar C.C.A. Rules, 2005.
v. For any othe
Disciplinary actions must adhere to procedural rules and principles of natural justice; failure to do so renders the action invalid.
The central legal point established in the judgment is the requirement for a conscious application of mind and consideration of the employee's representation before passing a punishment order, as per....
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