Back
ASHUTOSH KUMAR, PARTHA SARTHY
Awadhesh Kumar Tiwari @ Awdhesh Kumar Tewari – Appellant
Versus
State of Bihar – Respondent
Partha Sarthy, J.—Heard learned counsel for the appellant and learned counsel for the respondents.
I.A. no.1 of 2024
2. The instant interlocutory application has been filed by the appellant praying for condoning the delay of 10 days in filing of the instant appeal.
3. Having heard learned counsel for the parties and taking into consideration the contents of the petition and the submissions made, the delay of 10 days in filing of the appeal is condoned.
4. I.A. no.1 of 2024 stands allowed.
L.P.A. no.1343 of 2023
5. The instant appeal has been preferred by the appellant against the judgment dated 19.9.2023 passed in CWJC no.6248 of 2021.
6. At the relevant time while posted as Executive Engineer, Building Division, Sitamarhi as also holding the additional charge of the Executive Engineer, Building Division, Sheohar, the appellant was proceeded against departmentally under the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as ‘CCA Rules’) on the recommendation made by the District Magistrate, Sitamarhi on 30.3.2014. The charges against the appellant was of remaining absent from the Headquarters without prior permission, giving incorrect inf
The main legal point established in the judgment is that departmental inquiries must be conducted in accordance with the relevant rules and provisions, and non-compliance can lead to the setting asid....
The necessity for proper procedure and evidence in disciplinary actions is emphasized, validating the importance of fair trial principles.
A disciplinary authority must provide clear reasons for differing from an inquiry officer's findings; failure to do so can render the disciplinary action invalid.
Prolonged delay in disciplinary proceedings post-retirement may violate an employee's right to due process and cause undue prejudice, warranting quashing of proceedings under constitutional jurisdict....
Departmental inquiries must comply with procedural standards and sufficient evidence is needed to uphold findings of misconduct.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
