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HARISH KUMAR
Ravi Kumar Son of Late Mohan Chandra Pandey – Appellant
Versus
State of Bihar Through the Principal Secretary-cum-the Appellate Authority, Department of Co-Operative, Govt. of Bihar, Patna – Respondent
JUDGMENT :
This Court has heard Mr. Purushottam Kumar Jha, learned Advocate for the petitioner and the learned Advocate for the State.
2. The petitioner is aggrieved with the office order, as contained in Memo No. 2623 dated 13.05.2014, issued by the Registrar, Co-Operative Societies-Cum-the Disciplinary Authority whereby, the petitioner has been dismissed from the services of the Co-operative Department, Government of Bihar. The petitioner also assailed the order dated 26.05.2015, as contained in Memo No. 1732 dated 03.05.2019 passed by the Principal Secretary-cum-the Appellate Authority, Co-operative Department, whereby the service appeal preferred by the petitioner against the order of his dismissal has also been rejected. The petitioner also questioned the legality of the memorandum of charge as well as a show-cause notice issued by the disciplinary authority with a further prayer to reinstate the petitioner in the services of the Co-operative Department, Government of Bihar with all consequential benefits.
3. The petitioner was posted as Lower Division Assistant in the office of the Assistant Registrar, Co-operative Societies, Sikrahna Anchal, Motihari. On 23.06.2011, one Surendr
Disciplinary authorities must adhere to procedural rules and principles of natural justice, including providing a show-cause notice and considering the Enquiry Officer's findings before imposing pena....
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
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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