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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
| Table of Content |
|---|
| 1. bribery allegation via disputed cheque transfer. (Para 2 , 3 , 4 , 5) |
| 2. charge memo requires imputation, documents, witnesses list. (Para 6 , 11) |
| 3. enquiry demands departmental evidence and witness examination. (Para 7 , 8 , 9 , 10 , 12) |
| 4. documents need witness proof; enquiry officer independent. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. state defends enquiry based on preliminary findings. (Para 21 , 22) |
| 6. procedural violations vitiate entire disciplinary process. (Para 23) |
| 7. no evidence warrants quashing dismissal; grant backwages, pension. (Para 24 , 25 , 26 , 27 , 28) |
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 in
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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