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ANIL KUMAR SINHA
Dilip Kumar Rai – Appellant
Versus
Rajendra Agricultural University – Respondent
Anil Kumar Sinha, J.—The present writ application has been filed for quashing the order dated, 22.09.2015, contained in Memo No. 131 issued by the Director (Administration), Rajendra Agricultural University, Pusa, Samastipur, whereby the petitioner has been dismissed from services with immediate effect and a further direction has been issued for recovery of the price of 138 Sheesham trees worth about Rs. 7,50,869/-. The petitioner has further prayed for a direction upon the respondents to reinstate him in service with all consequential benefits.
2. I.A. No. 01 of 2024, which was allowed vide order, dated 08.02.2024, wherein, the additional prayer of the petitioner has been allowed for quashing of the Office Memo No. 3, dated 23.01.2024, Enquiry Report, dated 15.12.2014, Resolution No. 12, dated 31.03.2014, and Memo of Charge, dated 31.03.2024.
3. The case of the petitioner in the present writ application is that the petitioner was appointed as a Livestock Assistant on 08.11.1983 in the Cattle Farm, Pusa, under the Rajendra Agricultural University (in short “RAU”), and was subsequently promoted to the post of Field/Dairy Overseer vide Office Order, dated 21.01.2002.
4. The Cattle Farm
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 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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