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IN THE HIGH COURT OF JUDICATURE AT PATNA
PARTHA SARTHY
Suresh Kumar Son of late Tuni Prasad Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. grounds for petition - quashing of dismissal. (Para 2 , 6 , 14) |
| 2. insufficiency of evidence in departmental inquiry. (Para 7 , 8 , 10) |
| 3. state's position on procedural adherence. (Para 11 , 12) |
| 4. analysis of evidence presented in inquiry. (Para 18 , 19 , 20) |
| 5. requirements for evidence in departmental proceedings. (Para 23 , 24) |
| 6. court's order based on principles of natural justice. (Para 26 , 27 , 28 , 29) |
JUDGMENT :
PARTHA SARTHY, J.
1. Heard learned counsel for the parties.
2. The petitioner has filed the instant application for the following reliefs:
“1. i) For quashing of the office order of the Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna contained in memo no. 1131 dated 14.10.2016 (Annexure-10) issued under the signature of the Joint Director, Agriculture Ganana, Revenue and Land Reforms Department, Bihar, Patna, whereby and where under the revision filed against the order dated 29.07.2015 (annexure-9) passed in Service Appeal Case No. 246/2014 by the respondent Divisional Commissioner, Patna Division, Patna challenging the dismissal order contained in Memo No. 292 dated 31.01.2014 (annexure-8) of the respondent Collector-cum-District
In disciplinary inquiries, the standard of proof requires more than mere suspicion; due process must be observed, including the right to cross-examine witnesses.
The absence of evidence in disciplinary proceedings renders any punitive action unsustainable.
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 is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
Departmental misconduct charges require proof via witness examination on preponderance of probability; unproved complaint/arrest documents insufficient, warranting quashing of dismissal, with crimina....
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