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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSHUMAN
Suresh Prasad Malakar Son of Late Guru Sahai Mali – Appellant
Versus
State of Bihar through the Principal Secretary, Revenue and Land Reforms Department – Respondent
JUDGMENT :
ANSHUMAN, J.
Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed seeking relief setting aside the order dated 05.01.2022 passed by the Appellate Authority and the Revisional Tribunal-cum-Hon’ble Minister, Revenue and Land Reforms Department, Government of Bihar, Patna (Annexure -P/1), whereby the review petition filed by the petitioner has been rejected. A further prayer has been made for setting aside the order of dismissal dated 07.09.2015, issued vide Memo No. 1041 (Annexure-P/2), by which the petitioner was dismissed from service under the provisions of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as the “Rules of 2005”). The petitioner has also prayed for quashing of the Memo of Charge contained in Memo No. 185 dated 25.04.2014 (Annexure- P/3), on the ground that the same was issued in gross violation of the Bihar Framing of Charge-Sheets against Government Servants Regulations, 2011 (hereinafter referred to as the “Regulations of 2011”). Further, the petitioner has prayed for reinstatement in service with all consequential benefits, including
Disciplinary proceedings must adhere to principles of natural justice, including fair hearing and consideration of evidence; non-compliance renders dismissal orders unsustainable.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
Charge memo in disciplinary proceedings must be approved by the disciplinary authority; lack thereof renders entire proceedings vitiated ab initio, warranting quashing without remand in peculiar circ....
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