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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Md. Mushtaque, Son of Md. Hafiz – Appellant
Versus
State of Bihar, through the Principal Secretary, Rural Development Department – Respondent
JUDGMENT :
(HARISH KUMAR, J. )
This Court has heard Mr. Sanjeev Kumar, learned Advocate for the petitioner and Mr. Sudhanshu Bhushan, learned Advocate for the State.
2. The petitioner has prayed for issuance of a Writ in the nature of certiorari seeking quashing of the enquiry report dated 10.03.2014 and the order of punishment as contained in Memo No. 34 dated 20.05.2014, whereby the petitioner has been inflicted with the punishment of dismissal from service. The petitioner has also prayed for quashing of the appellate order dated 20.12.2019 passed in Service Appeal Case No. 86/2019 whereby the appeal preferred by the petitioner also came to be rejected by affirming the order of punishment.
3. An Interlocutory Application bearing I.A. No. 01 of 2024 has also been filed assailing the memo of charge as well as supplementary memo of charge on account of the fact that the same being in the teeth of Rule 17(3)(ii) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as the ‘Rules, 2005’).
4. The facts of the case as culled out from the materials available on record are summarized hereinbelow:
(i) The petitioner was appointed as an Assista
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
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 authorities must adhere to procedural rules and principles of natural justice, including providing a show-cause notice and considering the Enquiry Officer's findings before imposing pena....
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