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IN THE HIGH COURT OF JUDICATURE AT PATNA
RITESH KUMAR
Nutan Kumar Prabhat Son of Late Gauri Shankar Singh – Appellant
Versus
State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms Govt. of Bihar, Patna – Respondent
JUDGMENT :
Heard the parties.
2. The present writ petition has been filed for quashing the order dated 6.12.2018 contained in Memo No.189 passed by the respondent no. 3 whereby he has dismissed the petitioner from the post of Revenue Karamchari, Circle- Bairiyah, West Champaran with effect from his date of suspension i.e. 29.04.2017 and the order passed in appeal dated 17.01.2023 in Service Appeal No. 92 of 2022 issued by the respondent no.2 whereby he has affirmed the order of dismissal dated 6.12.2018, by modifying the effect of the said order from the date of its issuance i.e. 06.12.2018 instead of 29.04.2017.
3. Learned senior counsel for the petitioner submits that on 10.01.1986 the petitioner was appointed as a Revenue Karamchari, Circle-Madhubani and thereafter was transferred to Yogapatti circle in 1991, from there he was transferred to different circles/anchals and finally again he was transferred to Bairiyah circle/anchal in the year, 2016. While the petitioner was discharging his duties as Revenue Karamchari, Nautan Anchal, a complaint was filed by one Binod Kumar Singhania before District Grievances Redressal Officer, West Champaran with an allegation that in order to sett
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
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....
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