Back
MOHIT KUMAR SHAH
Ashok Kumar Tiwari – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the Resolution dated 24.02.2012, issued by the Officer on Special Duty cum Deputy Secretary to the Government, General Administration Department, Government of Bihar, Patna, whereby and whereunder punishment of dismissal from service has been inflicted upon the petitioner under Rule 14 (xi) of the Bihar Government Servants (Classification, Control and Appeal) (Amendment) Rules, 2007. The petitioner has also prayed for grant of consequential relief by way of reinstatement and payment of back wages, apart from grant of other benefits.
2. The brief facts of the case are that the petitioner was initially appointed in the services of the State Government as a Bihar Administrative Service Officer on 03.10.2000 and was posted at various places from time to time. Subsequently, the petitioner was posted as Block Development Officer, Palasi Block, Araria, from 09.05.2005 to 14.10.2005. On 14.10.2005, the petitioner had handed over the charge to one Sri Surendra Roy. Thereafter, by a Resolution dt. 29.01.2009, the petitioner was placed under suspension and then vide memo dated 19.03.2009, memo of charges in Praptra ‘Ka’
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
