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BIBEK CHAUDHURI
Din Bandhu Pandey, Son of Late Bidya Pandey – Appellant
Versus
State of Bihar, through the Secretary, Department of Revenue – Respondent
JUDGMENT :
(Bibek Chaudhuri, J.)
1. In the instant writ petition, the Petitioner has challenged the final order of dismissal from service, dated 18th January, 2023, passed by the Commissioner, in Service Appeal No. 91 of 2020, by virtue of which the Petitioner was dismissed from the post of Revenue Clerk, Ghorasahan, Motihari.
2. It is alleged by the Petitioner that the order passed by the Inquiry Officer and affirmed by the Disciplinary Authority as well as the Appellate Authority suffered from manifest arbitrariness, patent illegality and violation of the principles of natural justice.
3. The Petitioner has brought on record that previously, he filed a writ petition which was registered as C.W.J.C. No. 5388 of 2021 and the writ petition was disposed of reserving liberty to the Petitioner to prefer an appeal before the Appellate Authority within a stipulated period of time from the date of receipt of the said order. Accordingly, the Petitioner preferred a statutory appeal. The Appellate Authority affirmed the order of dismissal passed against the Petitioner.
4. In the instant writ petition, the Petitioner has challenged the order passed by the Appellate Authority on 18th
5. The Petition
The court upheld the dismissal of a government employee, affirming that the inquiry followed procedural norms and was free from bias, emphasizing the limited scope of judicial review in departmental ....
An employee's dismissal based on inquiry findings must adhere to procedural fairness and sufficient evidence; failure to do so renders dismissal arbitrary.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
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