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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
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 Magistrate, Nalanda has been rejected.
ii) For quashing of the order dated 29.07.2015 (annexure-9) passed in Service Appeal Case No. 246/2014 by the respondent Divisional Commissioner, Patna Division, Patna whereby the the dismissal order contained in Memo No. 292 dated 31.01.2014 (annexure-8) of the Collector-cum-District Magistrate, Nalanda has been rejected.
iii) For quashing of the order contained in Memo No. 292 dated 31.0
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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