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SANDEEP KUMAR
Kusum Kumari – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.—This writ petition has been filed for the following reliefs:—
A. A writ in the nature of certiorari or any other appropriate writs(s) / order(s)/direction(s) for quashing the followings:—
(i) The second inquiry report dated 22.08.2014, contained in Letter No. 3801, submitted in Department Proceeding No. 04 of 2013, holding that the charge leveled against the petitioner is proved;
(ii) The order dated 26.03.2018, contained in Memo No. 1851, passed by Additional Secretary, Social Welfare Department, Bihar, Patna, by which petitioner has been dismissed from the service;
(iii) The order dated 13.09.2024, contained in Memo No.4513, passed by Joint Secretary, Social Welfare Department, Bihar, Patna, dismissing the review petition, filed by the petitioner, in compliance of the order dated 30.04.2024, passed in C.W.J.C. No. 8257 of 2018.”
B. A writ in the nature of mandamus or any other appropriate writs(s) / order(s) / direction(s) for the followings:—
(i) To hold that the orders under challenge, contained in Annexure-P18, P22 and P24 are non-nest in the eye of law,
(ii) To hold that orders under challenge are illegal and without jurisdiction;
(iii) To hold that orders under cha
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....
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 is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
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