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K. VINOD CHANDRAN, PARTHA SARTHY
Srikant Singh, Son of Late Yamuna Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
K. Vinod Chandran, CJ.
The appellant was the writ petitioner, who challenged his termination based on a trap case. Though disciplinary proceeding was initiated, no witness was examined and the enquiry found the petitioner guilty of the alleged misconduct based merely on the documents produced by the Presenting Officer.
2. The learned Single Judge found that there is a prima facie case for grant of relief, insofar as quashing of the termination order dated 16.12.2014, produced as Annexure-13. While setting aside the impugned order, the matter was referred back to the Disciplinary Authority/State Government with liberty to initiate a fresh enquiry with reference to Rule 43(b) of the Bihar Pension Rules, 1950; since the petitioner had attained the age of superannuation when the writ petition was disposed of. The learned Single Judge relied on ECIL v. B.Karunakar, (1993) 4 SCC 727, Chairman-cum-Managing Director, Coal India Ltd. v. Ananta Saha, (2011) 5 SCC 142 and State of Uttar Pradesh & Ors. v. Prabhat Kumar, 2022 Live Law SC 736.
3. The appellant is aggrieved with the remand made, which, according to the appellant, cannot be sustained. The appellant relies on the judgments o
Termination based solely on documents without witness examination violates principles of natural justice, necessitating a fair enquiry process.
In departmental proceedings, valid evidence is essential for establishing guilt, and procedural lapses necessitate remand to ensure fairness.
A disciplinary enquiry must be based on evidence; mere allegations or FIR production without witness examination cannot substantiate a finding of guilt.
The main legal point established in the judgment is that in a disciplinary proceeding, the charged officer must be provided with an opportunity to defend against the evidence presented by the prosecu....
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