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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 :
AJIT KUMAR, J.
1. Heard Mr. Sanjay Kumar Verma, learned counsel for the petitioner assisted by Mr. Ajit Kumar Singh and learned AC to Government Pleader-26.
2. The instant writ petition has been filed for quashing the order passed by the Respondent Health Department as contained in Memo No. 517(12) dated 10.06.2024, issued under the signature of the Director-in-Chief, whereby and whereunder, the concerned authority has been pleased to uphold the order of punishment inflicted against the petitioner's husband vide order as contained in letter no. 536(5) dated 29.04.2019, issued under the signature of the Under Secretary to the Government, Department of Health by which forfeiture of 100% pension has been passed. However, the order dated 10.06.2024 is passed while disposing of the petitioner's represe
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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