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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSHUMAN,
Bipin Kumar S/o Sita Ram Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ANSHUMAN, J.
1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed for the following reliefs:-
a) For quashing the notification dated 8.3.2021 issued under the signature of the Secretary, Department of Agriculture, Bihar whereby and whereunder the review memorial preferred by the Petitioner (District Planning and Evaluation Officer, Darbhanga cum In charge Junior Plant Protection Officer, Dharbhanga) under the aegis of the order of the Hon'ble High Court, Patna dated 27.8.2018 in C.W.J.C No. 5278/2015 against the order of dismissal dated 6.11.2014, was rejected thereby confirming the said order of dismissal.
b) For quashing the notification dated 6.11.2014 issued under the signature of the Deputy Secretary, Department of Agriculture, Bihar whereby and whereunder the Petitioner was dismissed from service in view of the departmental proceedings conducted against him, in light of Rule 14 (xi) Bihar Government Servant Rules (Classification, Control and Appeal) Rules, 2005.
c) For grant of consequential reliefs, as the petitioner retired from service on 31.01.2016.”
3. Learned counsel for the petitioner assails the
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.
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