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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Satyendra Kumar, son of Late Hiraman Mahto – Appellant
Versus
State of Bihar Bihar – Respondent
JUDGMENT :
(P.B. Bajanthri, J.)
Pursuant to our previous order dated 02.07.2024, cost of Rs. 2,000/- is remitted in the Patna High Court Legal Services Committee. Receipt of the same shall be kept on record.
2. Appellant has assailed the order of the learned Single Judge dated 16.07.2019 passed in CWJC No. 13296 of 2014. There is a short delay of about 59 days in filing LPA No. 1326 of 2019. Appellant has filed I.A. No. 01 of 2019 for condonation of delay of about 59 days.
3. For the reasons stated in the application read with the affidavit, delay of 59 days stands condoned. I.A. No. 01 of 2019 allowed.
4. With the consent of the learned counsels for the respective parties, LPA is taken up for final disposal.
5. Brief facts of the case are that appellant while working as a Block Development Officer at Rajgir in Nalanda District, the State Election Commission issued code of conduct. For discharging the election duties the concerned State Election Officer had requested large number of officers to provide vehicles for the purpose of conducting election. The appellant who was a Block Development Officer at Rajgir in Nalanda District, in providing a particular vehicle to the State Election C
Disciplinary authority must comply with procedural rules and consider the employee's response before imposing penalties; failure to do so renders the penalty invalid.
Disciplinary authority's failure to follow procedural rules invalidates penalty; quoting a wrong provision does not vitiate the order.
Judicial review in disciplinary matters is limited; courts cannot re-evaluate evidence unless there is a violation of due process or lack of evidence.
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