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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Manorma Kumari W/o Prem Sagar Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
HARISH KUMAR, J.
1. Heard Mr. Subodh Kumar Jha, learned Advocate duly assisted by Mr. Lalan Kumar, learned Advocate for the petitioner and Mr. Navnit Kumar, learned AC to GP-18.
2. The petitioner is aggrieved with the order as contained in Memo No. 241 dated 11.09.2018, issued under the signature of the respondent Director, Secondary Education, Patna, whereby the petitioner has been inflicted with the punishment of demotion to the lowest pay scale i.e. basic grade and the petitioner is held entitled only for subsistence allowance during the period of suspension; further the petitioner has also been debarred from holding the post of Incharge Head Master, besides she shall not be deputed on any post relating to examination in future.
3. The challenge has also been made to Memo No.295 dated 27.06.2025, issued under the signature of Secretary, Education Department, whereby the appeal preferred against the order of punishment, in pursuant to the order passed by a Bench of this Court in CWJC No. 1313 of 2019 came to be rejected.
4. During the pendency of the writ petition, it is apprised to this Court that the petitioner was extended promotion to the post of Head Master vide Annexu
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....
The disciplinary authority cannot order a fresh enquiry without identifying material irregularities in the previous proceedings, emphasizing adherence to the procedural rules and safeguarding the rig....
The disciplinary authority can remit the case for further enquiry, but a de-novo enquiry is not warranted unless there is a patent irregularity or illegality in the earlier enquiry report.
The court refused to remit the matter for a de novo enquiry due to the prolonged duration of the disciplinary proceedings and the impending retirement of the appellant. The punishment imposed was fou....
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