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HARISH KUMAR
Pinki Kumari – Appellant
Versus
State of Bihar – Respondent
HARISH KUMAR, J.
Heard Mr. Gyan Shankar, learned Advocate for the petitioner and Mr. Md. Obaidullah, learned Advocate for the State.
2. By filing the present writ petition, the challenge is made to an order contained in memo no. 524 dated 24.01.2018 passed under the signature of the Joint Secretary, Social Welfare Department, Bihar whereby the petitioner has been inflicted with the punishment of stoppage of four increment of salary with cumulative effect as also recovery of Rs. 2,48,517/- from the salary of the petitioner. It is further directed that for suspension period, except subsistence allowance, the petitioner shall not be entitled to any benefit.
3. Before proceeding in the matter a preliminary objection has been raised on behalf of the counsel for the State that the petitioner has alternative efficacious remedy under Rule 28 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 hereinafter referred to as Rules, 2005. However, the petitioner instead of availing that remedy, has approached this Court.
4. In response to the aforesaid contention learned Advocate for the petitioner submits that since the order impugned is in disregard to the principles o
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....
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
Disciplinary proceedings must adhere to principles of natural justice, including fair hearing and consideration of evidence; non-compliance renders dismissal orders unsustainable.
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