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ANJANI KUMAR SHARAN
Pradip Kumar Singh S/o Sri Moti Lal Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Heard learned counsel for the petitioner as well as learned counsel for the State.
2. The present writ petition has been filed seeking the following reliefs:
(ii) To hold and declare that, the Enquiry Report, (Annex-11) vide Letter No. 236 dated 24.04.2014 was submitted without conducting any enquiry in accordance with the Bihar Govt. Servant (Classification, Control and Appeal) Rules 2005, and finding of the Enquiry Officer, whereby and where under the Petitioner has been held guilty of the charges, without considering any of the submissions of the Petitioner, by a cryptic and non-speaking statement, is arbitrary, discriminatory, malafide, and unsustainable in the eye of law.
(iii) To hold and declare that, the Order of Punishment (Dismissal from Service) as contained in Memo No. 201 dated 12.3.2018 {Ann-13) i
Disciplinary proceedings must adhere to principles of natural justice, including fair hearing and consideration of evidence; non-compliance renders dismissal orders unsustainable.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
Departmental enquiry quashed for violating rules by denying cross-examination opportunity, examining witnesses behind back with only signature proof, and failing to consider replies; remitted for fre....
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
Disciplinary proceedings require oral evidence for proving charges; failure to provide a witness list vitiates the inquiry, emphasizing adherence to natural justice standards.
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