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IN THE HIGH COURT OF JUDICATURE AT PATNA
AJIT KUMAR
Puspa Sinha Wife of Late Arun Kumar Sinha – Appellant
Versus
State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna – Respondent
| Table of Content |
|---|
| 1. procedural background of the case (Para 2 , 3 , 4 , 11 , 12 , 13) |
| 2. flaws in the departmental inquiry against the petitioner (Para 5 , 6 , 7 , 8 , 9 , 10 , 14 , 15) |
| 3. observations on the order dated 10.06.2024 (Para 16 , 17) |
| 4. legal issues regarding the review of prior findings (Para 18 , 19 , 21) |
| 5. conclusion and directive for payment of dues (Para 22 , 23 , 24) |
JUDGMENT :
1. Heard Mr. Sanjay Kumar Verma, learned counsel for the petitioner assisted by Mr. Ajit Kumar Singh and learned AC to Government Pleader-26.
3. The brief facts of the case is that the petitioner's husband was appointed on the post of Computer on temporary basis w.e.f. 05.08.1965 and got regular promotion on the post of Junior Statistical Assistant in the year 1971. The petitioner's husband was further promoted to the post of Senior Statistical Assistant in the year 1972 and consequently, pay revision was directed in favour of the petitioner's husband in the year 1986 by placing him in the revised pay-scale of Rs. 1200 to 1800/-.
5. Learned counsel for the petitioner submits that Charge Memo was issued vide Memo no. 601(5) dated 15.09.1991 and the departmental proceeding was undertaken as per the
The court emphasized that disciplinary actions must uphold natural justice, and punitive measures cannot be taken without appropriate evidence and procedures, especially post-retirement.
Disciplinary proceedings against government employees must be conducted fairly, based on adequate evidence, and require reasoned decisions to uphold the principles of natural justice.
Departmental inquiry must comply with principles of natural justice; lack of fair hearing and reasoning in appellate decisions render them invalid.
Pension rights cannot be revoked without adherence to due process, ensuring legal and procedural fairness in disciplinary proceedings, especially when misconduct charges remain pending.
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
Article 351-A of CSR empowers the Governor to institute or continue inquiry after retirement.
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