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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSHUMAN
Ganesh Prasad Yadav Son of Late Atul Prasad Mandal – Appellant
Versus
State of Bihar through the Chief Secretary, Govt. of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. writ petition pertains to the discipline imposed on a retired engineer. (Para 1 , 2 , 3) |
| 2. claim of illegal punishment based on lack of misconduct findings. (Para 4 , 5 , 6) |
| 3. state argues legality of the disciplinary process. (Para 7 , 8) |
| 4. disciplinary proceedings were flawed; crucial points not addressed. (Para 9 , 10 , 11) |
| 5. court must ensure all judicial orders include reasoned decisions. (Para 12 , 13) |
| 6. misconduct requires grave findings; lack of misconduct leads to quashing of order. (Para 14 , 15 , 16) |
| 7. court mandates payment of admissible dues. (Para 17) |
JUDGMENT :
Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General, Bihar in both the writ petitions.
Re. CWJC No. 5541 of 2022
2. Learned counsel for the petitioner submits that the present writ petition has been filed for setting aside the Resolution contained in Memo No. 303 dated 02.05.2017 issued by the Public Health Engineering Department, Government of Bihar (hereinafter referred to as “PHED”), whereby and whereunder the petitioner, who was then posted as Executive Engineer in PHED, has been awarded the punishment of withholding 5% of hi
Disciplinary action under Rule 43(b) of the Bihar Pension Rules requires proof of grave misconduct or financial loss to the government; failure to provide substantiated reasoning in orders renders th....
Charges in disciplinary proceedings must be proved based on preponderance of probability, and compliance with procedural rules is mandatory. Pension deduction requires grave misconduct or pecuniary l....
The main legal point established is the requirement to prove charges with a preponderance of probability and the mandatory nature of procedural rules in departmental proceedings.
A single act of omission or error of judgment would not constitute misconduct unless it resulted in serious consequences.
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