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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
Pradip Kumar Pandit, Son of Late Shakti Nath Pandit – Appellant
Versus
State of Bihar through the Additional Chief Secretary, Department of General Administration, Government of Bihar, Patna – Respondent
JUDGMENT :
1. The petitioner was an Upper Division Clerk in the office of Sub-Divisional Officer, Gogri, Khagaria. On the charge of misconduct, he was subjected to departmental enquiry and dismissed from service vide Memo No. 152, dated 20th of March, 2015. The petitioner also filed a departmental appeal, which was also dismissed on 5th of December, 2015. Against the order of dismissal, the petitioner preferred an appeal, which was also dismissed by the Respondent No. 3 vide order, dated 3rd of October, 2024.
2. The petitioner has challenged the aforesaid orders by filing the instant application under Article 226 of the Constitution of India.
3. It is pertinent to mention that on the basis of a complaint, filed by one Aditya Kumar before the Superintendent of Police, Vigilance on 15th of April, 2014, a Vigilance Case No. 33 of 2014 was instituted and the petitioner was arrested by the Vigilance Department while accepting bribe from the complainant for discharging his official duties. On account of registration of a criminal case against the petitioner, a departmental proceeding was also initiated vide Memo No. 397, dated 26th of July, 2014 and memorandum of charge was served against h
Departmental misconduct charges require proof via witness examination on preponderance of probability; unproved complaint/arrest documents insufficient, warranting quashing of dismissal, with crimina....
In disciplinary inquiries, the standard of proof requires more than mere suspicion; due process must be observed, including the right to cross-examine witnesses.
Acquittal in criminal proceedings based on identical allegations renders continuation of departmental proceedings unjust and unfair.
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