Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
RITESH KUMAR
Rajnish Kumar Son of Raj Karan Prasad Singh – Appellant
Versus
State of Bihar through the Principal Secretary, Home Department, Government of Bihar at Patna – Respondent
| Table of Content |
|---|
| 1. petitioner's dismissal challenged for procedural lapses. (Para 2 , 3) |
| 2. departmental enquiry violated cross-examination rights. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. prior judgments highlight no-evidence and procedural violations. (Para 10 , 11 , 12 , 13 , 14) |
| 4. state defends enquiry as compliant with rules. (Para 15 , 16 , 17 , 18 , 19) |
| 5. enquiry vitiated by rule 17(14) breach, no evidence. (Para 20 , 21) |
| 6. orders quashed; remit for fresh proceedings. (Para 22 , 23 , 24 , 25) |
JUDGMENT :
Heard the learned counsel for the parties.
2. The present writ petition has been filed for the following reliefs:-
I. That the present writ application is being filed in the nature of Certiorari for quashing the Memo No. 493 dated 25.02.2022 (Annexure-P/13) passed by the Superintendent of Police, Jamui by which the petitioner has been dismissed from the post of constable; on the ground that the procedure given under Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (herein after referred as "Bihar CCA Rules, 2005") specially Rule 17(14) by which the petitioner was not allowed to cross examine the witnesses, also the entire proceeding is without having the proper witne
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....
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
The central legal point established in the judgment is the requirement of evidence to prove charges in a disciplinary proceeding, the need for adherence to natural justice principles, and the entitle....
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
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
