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K. VINOD CHANDRAN, PARTHA SARTHY
Rajendra Prasad son of Late Nepal Prasad – Appellant
Versus
State of Bihar through the Principal Secretary-Cum-Additional Chief Secretary, Education Department, Government of Bihar, Patna – Respondent
JUDGMENT :
K. Vinod Chandran, CJ.
The appeal is against the judgment of the learned Single Judge refusing to interfere with the disciplinary proceedings initiated against the petitioner, appellant herein, which concluded with a punishment of dismissal. The appellant was working as a Headmaster in the Government Basic School, Sirisa Adda Compact, Ara Brindawan, West Champaran and was promoted as Block Education Officer in the month of August, 1996. While working as Block Education Officer, Pandarak, Patna, the appellant was issued with charges of dereliction of duty. After the initiation of departmental proceeding, the appellant was trapped by the Vigilance Investigation Bureau and caught taking Rs. 10,000/- as bribe from an Incharge Principal of Middle School, Sarhan. A separate charge-sheet was also served on him based on the trap case, on which an FIR was also registered under the Prevention of Corruption Act. The appellant was suspended, later that was revoked and then he was again placed on suspension with effect from 26.12.2016. The Regional Deputy Director of Education (RDDE) was appointed as the Enquiry Officer. An enquiry report was submitted based on which, Annexure-P/17 ord
A disciplinary enquiry must be based on evidence; mere allegations or FIR production without witness examination cannot substantiate a finding of guilt.
Disciplinary decisions must be supported by unequivocal evidence; mere recovery of funds or suspicion is insufficient to substantiate allegations of misconduct.
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
In cases of wrongful termination of service, reinstatement with continuity of service and back wages is the normal rule. The onus lies on the employer to specifically plead and prove that the employe....
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