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HARISH KUMAR
Uma Shankar Ram – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J.—This Court has heard Mr. Chitranjan Sinha, learned Senior Advocate along with Mr. Shailesh Kumar Sharma, learned Advocate for the petitioner and Mr. Nadim Seraj, learned Advocate for the State.
2. The petitioner is aggrieved with the resolution of the General Administration Department, Government of Bihar, Patna, as contained in Memo No. 6626 dated 01.06.2017, whereby he has been inflicted with the punishment of dismissal from his service with a further direction that he shall not be eligible for future employment in the Government. The petitioner has also assailed the order contained in Memo No. 4334 dated 03.04.2018, whereby the memorial preferred by the petitioner against the dismissal order came to be rejected.
3. The facts as emerging from the materials available on record(s) are summarized hereinbelow:—
(i) The petitioner was a Member of Bihar Administrative Service and while he was posted in the District of East Champaran, Motihari, on the post of Director National Employment Programme (District Rural Development Authority), an FIR was instituted against him by the Economic Office Unit of the Bihar Government bearing E.O.U. P.S. Case No. 31 of 2013 on 17.07.201
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
The charges against the petitioner did not constitute misconduct, and the finding of the enquiring authority was unsustainable due to lack of evidence and legal infirmity. The impugned order of dismi....
Procedural fairness in disciplinary inquiries mandates adherence to statutory requirements, including the presentation of evidence and opportunity for defense, failure of which invalidates the inquir....
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
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