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PURNENDU SINGH
Gopal Pd. Kustawar S/O Late Dwarika Prasad – Appellant
Versus
Bihar State Electricity Board represented through Chairman – Respondent
JUDGMENT :
Purnendu Singh, J.
Heard Mr. Kumar Ravish, learned counsel appearing on behalf of the petitioner and Mr. Vinay Kirti Singh, learned Senior counsel along with Mr. Nikesh Kumar, learned counsel appearing on behalf of the respondents appearing on behalf of the State.
2. The petitioner, in paragraph no. 1 of the present writ petition, has sought, inter alia, the following relief(s), which is reproduced hereinafter:-
(i) To quash and set aside by issuing the writ of certiorari the punishment order dated 23.11.2011 contained in Annexure-11 whereby and whereunder the petitioner was imposed with major penalty of censure and withholding of three annual increments with cumulative effect;
(ii) To quash and set aside by issuing the writ of certiorari the order dated 02.03.2012 as contained in Annexure-13/a passed pursuant to appeal dated 16.01.2012 as contained in Annexure- 12 whereby and whereunder the order passed by the disciplinary authority was affirmed;
(iii) To quas
Disciplinary proceedings require sufficient evidence to support allegations of misconduct; lack of evidence renders the proceedings flawed.
A disciplinary punishment cannot stand if it is not supported by the statutory rules or if the misconduct is not tied to lawfully assigned duties, as established in the Coal India Executives’ Conduct....
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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