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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
| Table of Content |
|---|
| 1. bribery arrest initiates departmental proceedings. (Para 1 , 2 , 3) |
| 2. no witnesses vitiates departmental enquiry. (Para 4 , 5) |
| 3. red-handed arrest justifies dismissal post-remand. (Para 6 , 7 , 8 , 9) |
| 4. criminal acquittal noted in writ proceedings. (Para 10 , 19 , 20) |
| 5. court examines pleadings and annexed records. (Para 11 , 13) |
| 6. witness proof required for preponderance standard. (Para 14 , 15 , 16 , 17 , 18) |
| 7. limited judicial review over disciplinary findings. (Para 21 , 22 , 23) |
| 8. evidence mandatory despite preponderance probability. (Para 24 , 25 , 26 , 27 , 28) |
| 9. acquittal evidences unproven departmental charges. (Para 29 , 30 , 31 , 32 , 33 , 35) |
| 10. dismissal quashed; reinstatement with benefits ordered. (Para 36 , 37 , 38) |
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
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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