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K. VINOD CHANDRAN, PARTHA SARTHY
State of Bihar through Secretary Department of Planning and Development, Government of Bihar, Patna – Appellant
Versus
Anil Kumar Sinha, Son of late Krishna Bihari Sinha – Respondent
JUDGMENT :
Partha Sarthy, J.
Heard Shri Anjani Kumar, learned Additional Advocate General-4 assisted by Shri Deepak Sahay Jamaur, learned AC to AAG-4 for the appellants- State of Bihar and Shri Akhilesh Dutta Verma, learned counsel for the writ petitioner- respondent.
Re: I.A. no. 1 of 2024.
2. The instant interlocutory application has been filed by the appellants praying for condoning the delay of ten days in filing of the instant appeal.
3. The application is opposed by learned counsel appearing for the respondent.
4. Having heard learned counsel for the parties and having perused the contents of the application, the Court is satisfied that the appellants have made out a case for condonation of delay. The delay is condoned and the appeal is treated to be within time.
5. I.A. no. 1 of 2024 stands allowed.
Re: LPA no. 770 of 2024.
6. The instant appeal has been preferred by the State of Bihar against the judgment dated 21.6.2024 whereby the learned Single Judge was pleased to set aside and quash the order of termination dated 21.9.2017 passed by the Disciplinary Authority as also the order dated 9.3.2021 passed by the Appellate Authority with a further direction that the writ petitioner be
The absence of evidence and witness examination in departmental proceedings renders dismissal unsustainable, emphasizing the need for adherence to principles of natural justice.
In disciplinary inquiries, the standard of proof requires more than mere suspicion; due process must be observed, including the right to cross-examine witnesses.
The dismissal of a government employee must be supported by evidence, and failure to examine witnesses in a departmental inquiry constitutes a violation of natural justice.
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