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IN THE HIGH COURT OF JUDICATURE AT PATNA
PARTHA SARTHY
Ajay Kumar Singh son of Sri Vijay Pratap Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. details of factual background and complaint. (Para 3 , 4) |
| 2. petitioner's arguments against the punishment. (Para 5 , 6 , 7) |
| 3. petitioner's defense against misconduct charges. (Para 8 , 9) |
| 4. legal requirements for disciplinary proceedings. (Para 18 , 19) |
| 5. court's findings on jurisdiction and procedure. (Para 20 , 21) |
| 6. final ruling and order of quashing. (Para 22 , 23) |
JUDGMENT :
PARTHA SARTHY, J.
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has filed the instant writ application praying for quashing the order of punishment contained in letter dated 31.5.2011, issued under the signature of the Special Secretary, Road Construction Department, Patna, whereby the petitioner has been awarded the punishment of “censure”, which shall be effective for three years and withholding of four annual increments with non-cumulative effect.
3. The facts in brief are that the petitioner, while posted as Executive Engineer (Mechanical Division), Muzaffarpur, was given the additional charge of Mechanical Division, National Highway Division, Muzaffarpur. By office order contained in memo dated 12.5.2009, the Hot Mix Plant, Khagaul
Disciplinary proceedings against a Group-A officer must comply with procedural requirements; failure to issue a show cause notice by appropriate authority renders the punishment order invalid.
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 court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
The court reaffirmed that the right to a fair hearing and the provision of all relevant evidence to a charged employee are fundamental to lawful disciplinary proceedings, as mandated by Article 311(2....
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