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P. B. BAJANTHRI, S. B. PD. SINGH
Managing Director, Bihar State Ware Housing Corporation – Appellant
Versus
Chandeshwar Bharti, Son of Late Meethu Mochi – Respondent
JUDGMENT :
(P.B. Bajanthri, J.)
The appellant – Bihar State Ware Housing Corporation has assailed the order of the learned Single Judge dated 05.07.2019 passed in CWJC No. 2621 of 2004. Respondent No. 1 – Chandeshwar Bharti was subjected to disciplinary proceedings and it was concluded in imposition of penalty of termination / dismissal from service on 05.04.2003 and it was affirmed by the appellate authority on 02.12.2003. Feeling aggrieved by the decision of the disciplinary authority and appellate authority, respondent No. 1 – Chandeshwar Bharti preferred CWJC No. 2621 of 2004. The learned Single Judge proceeded to allow the writ petition on 05.07.2019. Feeling aggrieved by the order of the learned Single Judge, the present LPA has been presented on behalf of the Bihar State Ware Housing Corporation.
2. Learned counsel for the appellant – Corporation submitted that learned Single Judge has committed error in not appreciating that who are the disciplinary authority and appellate authority in paragraph Nos. 8 and 9 of the order of the learned Single Judge. It is only a technical error and it has been rectified as : Insofar as respondent No. 1, read with his status in the Corporatio
Judicial review in disciplinary proceedings is limited to violations of natural justice or regulations; failure of the Presenting Officer to appear constitutes a legal lacuna.
Disciplinary authorities must provide an opportunity to represent when disagreeing with an inquiry officer’s findings, as per principles of natural justice.
Disciplinary authority must comply with procedural rules and consider the employee's response before imposing penalties; failure to do so renders the penalty invalid.
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