Back
ARVIND SINGH CHANDEL
Praduman Kumar Prasad – Appellant
Versus
State of Bihar – Respondent
Arvind Singh Chandel, J.—This petition has been preferred by the petitioner being aggrieved with the order dated 28.06.2023 (Annexure P/18) whereby respondent No 1, i.e, the Disciplinary Authority has passed the order for fresh enquiry against the petitioner.
2. Brief facts of the case are that the petitioner was appointed as Clerk and joined the services in the office of Child Development Project Office at Patepur, Vaishali on 15.06.1984. Subsequently, he was given the charge of Nazir in the District Welfare Office, West Champaran, Bettiah, where Bettiah Town PS Case No 794 of 2024 was registered against him for the alleged offence punishable under Sections 467, 468, 471, 406, 420, 120B/34 of the Indian Penal Code. On the basis of said, disciplinary proceeding was initiated against the petitioner and he was suspended vide order dated 08.08.2013 (Annexure P/2). Charge memo was issued to the petitioner (Annexure P/3). The enquiry officer submitted his report on 24.12.2014 (Annexure P/4). Second show cause notice was issued to the petitioner which was duly replied by him. Thereafter, the disciplinary authority, on 17.02.2016 passed the order of punishment of compulsory retirement (Ann
The disciplinary authority can remit the case for further enquiry, but a de-novo enquiry is not warranted unless there is a patent irregularity or illegality in the earlier enquiry report.
The main legal point established in the judgment is that when a certain act is required to be done in a certain way, it should be done in that way only and not in any other manner. The failure to com....
The disciplinary authority cannot order a fresh enquiry without identifying material irregularities in the previous proceedings, emphasizing adherence to the procedural rules and safeguarding the rig....
The impugned action of the Force in issuing the orders of preparation and issuance of a fresh charge-sheet and a full-fledged departmental enquiry could not be sustained under Rule 219.4 (b).
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
