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HARISH KUMAR
Mukesh Kumar – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J.—This Court has heard Mr. Parijat Saurav, learned Advocate for the petitioner and Mr. Krityanand Jha, learned Advocate for the State.
2. The petitioner is aggrieved with the order as contained in Memo No. 1042 dated 18.06.2014 issued by the Chief Engineer, Minor Water Resources Department, Government of Bihar, Patna, whereby the petitioner has been inflicted with the punishment of dismissal. The petitioner also seeks quashing of the order contained in Memo No. 7466 dated 17.10.2019 issued under the signature of the Under Secretary, Minor Water Resources Department, Government of Bihar, Patna whereby the appeal preferred by the petitioner against the order of dismissal, aforenoted, also came to be rejected. In sum and substance, the petitioner challenged the entire departmental proceeding, including the memo of charge as well as the enquiry report based upon which the order of dismissal has been passed.
3. The relevant necessary facts, as culled out from the materials available on record, are summarised hereinbelow:—
(i) The petitioner was duly appointed on compassionate ground on the post of Correspondence Clerk in the Minor Irrigation Division, Gaya. At the relevant t
Departmental misconduct charges require proof via witness examination on preponderance of probability; unproved complaint/arrest documents insufficient, warranting quashing of dismissal, with crimina....
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
In disciplinary inquiries, the standard of proof requires more than mere suspicion; due process must be observed, including the right to cross-examine witnesses.
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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