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ANIL KUMAR SINHA
Madhurendra Prasad – Appellant
Versus
Chairman-cum-Managing Director,Bihar State Power (Holding) Co. Ltd. – Respondent
Anil Kumar Sinha, J.—The present writ application has been filed for quashing the resolution, dated 12.08.2014, issued, by the General Manager (HR & Administration), South Bihar Power Distribution Company Limited, Patna, under Memo No. 1530, whereby departmental proceedings were initiated against the petitioner and for quashing the resolution/Order No. 664, dated 13.05.2016, by which the punishment of withholding two annual increments with cumulative effect was imposed against the petitioner. The petitioner has further prayed for quashing resolution no. 267, dated 14.02.2017, whereby the earlier punishment was modified to the extent of withholding of one annual increment with noncumulative effect, as well as for quashing the letter no. 647, dated 22.09.2022, whereby the petitioner was informed that his review application has been rejected.
2. The factual matrix of the case of the petitioner, in brief, is that he was initially appointed as Junior Electrical Engineer, vide Notification No. 1097, dated 12.11.1999, issued by the Joint Secretary, Bihar State Electricity Board (hereinafter referred as ‘BSEB’). Subsequently, he was promoted to the post of Assistant Electrical Engineer on 1
Departmental proceedings initiated by an incompetent authority are null and void, requiring adherence to statutory delegation for valid charges and actions.
Charge memo in disciplinary proceedings must be approved by the disciplinary authority; lack thereof renders entire proceedings vitiated ab initio, warranting quashing without remand in peculiar circ....
Termination of a government employee without evidence and proper authority violates Article 311 and principles of natural justice.
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