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IN THE HIGH COURT OF JUDICATURE AT PATNA
PARTHA SARTHY
Biswajit Dan S/O Shri A.M. Dan – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. application for quashing disciplinary action. (Para 2 , 3 , 4 , 6 , 8) |
| 2. petitioner's arguments against the disciplinary order. (Para 9 , 10) |
| 3. respondents' defense and procedural correctness. (Para 11 , 14 , 15) |
| 4. court's analysis of evidence and enquiry findings. (Para 12 , 16 , 17) |
| 5. legal standards for evidence in disciplinary proceedings. (Para 18 , 19 , 20) |
| 6. impugned order is not sustainable. (Para 21) |
| 7. writ application allowed with relief. (Para 22) |
JUDGMENT :
PARTHA SARTHY , J.
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has filed the instant application for the following relief :-
“1. That this is an application for issuance of an appropriate writ/writ(s)/ order(s)/direction(s) for quashing the order Contained in memo no- 278 dated 30.1.12 whereby and where under three punishments viz (i) censure to be entered in confidential record for 2009-10, (ii) stoppage of three increments with cumulative effect, and (iii) No payment of salary and other allowances shall be made other than subsistence allowance for suspension period, i.e., for the period from 23.12.2010 to 29.1.2012, which is totally illegal an
A departmental inquiry requires evidence to substantiate charges; charges not backed by proof are insufficient for imposing punishment.
In disciplinary inquiries, the standard of proof requires more than mere suspicion; due process must be observed, including the right to cross-examine witnesses.
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
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 proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
The absence of evidence in disciplinary proceedings renders any punitive action unsustainable.
The duty of the establishment to produce witnesses and evidence in departmental inquiries, especially in cases involving a major penalty, and the inadmissibility of hearsay evidence.
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