Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Michael Francis Son of Louis Francis – Appellant
Versus
Bihar School Examination Board through its Secretary, Sinha – Respondent
JUDGMENT :
SANDEEP KUMAR, J.
1. Since the facts of these cases are same and similar, they have been heard together and are being disposed of by this common judgment and order.
2. In C.W.J.C. No.3604 of 2025, the petitioner (Michael Francis) has challenged the order contained in memo no.66 dated 16.01.2024 passed by the Secretary, Bihar School Examination Board, by which the petitioner- Michael Francis he has been visited with the punishment of dismissal from service with a further stipulation that nothing shall be payable to him for the period of suspension. In C.W.J.C. No.4007 of 2025, the petitioner - Sujeet Kumar, has challenged the order contained in memo no.67 dated 16.01.2024 passed by the Secretary, Bihar School Examination Board, by which he has been visited with the punishment of compulsory retirement from service with a further stipulation that nothing shall be payable to the petitioner except subsistence allowance for the period of suspension. The petitioners have also challenged the appellate orders dated 19.12.2024 and 08.01.2025 respectively, by which the appeal filed by the petitioners against the orders of punishment, have been rejected by the Appellate Authority. They
Procedural errors in disciplinary proceedings violated natural justice, requiring the quashing of penalties and remanding for fresh consideration.
Disciplinary proceedings require oral evidence for proving charges; failure to provide a witness list vitiates the inquiry, emphasizing adherence to natural justice standards.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
Procedural fairness in disciplinary inquiries mandates adherence to statutory requirements, including the presentation of evidence and opportunity for defense, failure of which invalidates the inquir....
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
Departmental enquiry quashed for violating rules by denying cross-examination opportunity, examining witnesses behind back with only signature proof, and failing to consider replies; remitted for fre....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
