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IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR, PARTHA SARTHY
State of Bihar through its Chief Secretary, Government of Bihar, Patna – Appellant
Versus
Ashok Kumar Tiwari Son of Late Shri Ram Pratap Tiwari – Respondent
| Table of Content |
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| 1. the facts of the case involve disciplinary charges against an employee. (Para 2 , 3 , 4) |
| 2. arguments from both sides highlight the legitimacy of the dismissal process. (Para 5 , 6) |
| 3. the court emphasized the need for procedural integrity in disciplinary inquiries. (Para 7 , 8 , 11) |
| 4. legal precedents address procedural limitations on disciplinary authority. (Para 9 , 10) |
| 5. the appeal concludes with a dismissal, affirming the lower court's ruling. (Para 14) |
JUDGMENT :
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Heard learned counsel for the appellants and learned counsel for the respondent.
2. The appellants (writ respondents) have preferred this appeal against the judgment dated 5.9.2023 whereby the learned Single Judge was pleased to allow CWJC no.7586 of 2013 filed by the respondent (writ petitioner), quash the order of punishment as also the inquiry report and hold the respondent entitled to full back wages along with admissible consequential benefits.
3. The relevant facts in brief are that the respondent was placed under suspension and proceeded against departmentally on 19.3.2009 with respect to two charges which pertained to the period from 9.5.2005 to 14.10.20
Procedural irregularities in disciplinary inquiries can invalidate subsequent disciplinary actions.
Disciplinary proceedings must be substantiated with oral evidence; reliance solely on documents, without testimonial support, renders findings invalid.
The main legal point established in the judgment is that departmental inquiries must be conducted in accordance with the relevant rules and provisions, and non-compliance can lead to the setting asid....
Disciplinary authorities cannot impose both major and minor penalties simultaneously; violations of procedural propriety in inquiries can invalidate punitive actions.
The disciplinary authority has the exclusive power to determine the nature and quantum of punishment in disciplinary proceedings, and judicial review is limited to cases where the penalty is grossly ....
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
Criminal acquittal on benefit of doubt does not bar or nullify departmental disciplinary action, which follows preponderance of probability standard; Tribunal cannot interfere with punishment unless ....
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