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ARVIND SINGH CHANDEL
Arvind Alok – Appellant
Versus
State of Bihar – Respondent
Arvind Singh Chandel, J.—Heard finally.
2. This petition has been preferred by the petitioner seeking following reliefs:—
“(i) Quashing of the Letter/order bearing Memo No. 2680 dated 27.12.2019 by which, the Director, Employment and Training, Labour Resources Department, Patna has framed the Memo of Charge in extreme derogation of the statutory requirement of decision on initiation of proceedings being taken by the Disciplinary authority, the Director without authority of law has constituted a Three Member Committee.
(ii) Quashing of the Resolution bearing Memo No. 1367 dated 28.07.2021 by which, on the basis of the defective Memo of Charge, the proceeding have been initiated under the provisions of Bihar Government Servant (Classification, Control and Appeal) Rules, 2005;
(iii) Quashing of the Enquiry Report dated 18.02.2022 as communicated vide Letter No. 501 by which, the Enquiry Officer, contrary to the procedural requirement under Rule 17 of the Bihar Government Servant (Classification Control and Appeal) Rules, 2005 has proceeded to continue with the Departmental Enquiry and submitted the perfunctory enquiry report in the absence of any participation by the presenting Officer.
(i
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 mandates adherence to statutory requirements, including the presentation of evidence and opportunity for defense, failure of which invalidates the inquir....
Disciplinary proceedings must adhere to principles of natural justice, including fair hearing and consideration of evidence; non-compliance renders dismissal orders unsustainable.
Disciplinary proceedings require oral evidence for proving charges; failure to provide a witness list vitiates the inquiry, emphasizing adherence to natural justice standards.
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
Procedural errors in disciplinary proceedings violated natural justice, requiring the quashing of penalties and remanding for fresh consideration.
Disciplinary authorities must provide cogent reasons for disagreement with inquiry findings, ensuring fair process under applicable rules.
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