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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH
Janardan Prasad Sukumar, son of Jagdish Prasad – Appellant
Versus
State of Bihar, through the Chief Secretary, Government of Bihar, Patna – Respondent
JUDGMENT :
(MOHIT KUMAR SHAH, J.)
The present writ petition has been filed for quashing the order of punishment dated 28.10.2022, passed by the Additional Secretary, Department of Health, Government of Bihar, Patna, whereby and whereunder the petitioner has been inflicted with punishment of dismissal from service. The petitioner has further prayed for quashing the order dated 19.06.2023, issued under the Pen and Signature of the Joint Secretary, Department of Health, Govt. of Bihar, Patna, whereby the revision petition filed by the petitioner has stood rejected. Lastly, the petitioner has prayed for reinstatement in service and payment of all consequential benefits.
2. The brief facts of the case, according to the petitioner, are that the petitioner had joined the service of the State Government in the year 1983 and thereafter, he has been rendering unblemished service to the satisfaction of all concerned. The petitioner is stated to have suddenly been placed under suspension, vide order dated 31.12.2021, in contemplation of initiation of departmental proceeding, whereafter a departmental proceeding was initiated qua the petitioner vide memo dated 15.02.2022. A charge- sheet in “Prapa
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
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Disciplinary proceedings require oral evidence for proving charges; failure to provide a witness list vitiates the inquiry, emphasizing adherence to natural justice standards.
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
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