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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Ramesh Prasad Son of Sri Ramanand Prasad – Appellant
Versus
State of Bihar through the Additional Chief Secretary, Home Department (Prison) – Respondent
JUDGMENT :
SANDEEP KUMAR, J.
In this case, the petitioner has challenged the punishment order dated 25.05.2022 issued by the Joint Secretary-cum- Director (Adm.) whereby the petitioner has been awarded the punishment of withholding of five (5) increments with cumulative effect as well as the order dated 01.09.2022, also issued under the signature of the Joint Secretary-cum- Director (Adm.) by which the review preferred by the petitioner against the aforesaid punishment order has been rejected. The petitioner has further prayed that the departmental proceeding initiated against him in pursuance of the memo of charge contained in memo no. 6159 dated 11.09.2020 be quashed and to direct the respondents to provide all consequential benefits. Furthermore, the petitioner has also challenged the show cause notice dated 13.09.2022 issued by the Joint Secretary-cum- Director, Prison and Reform Services Directorate, Bihar through which an explanation has been sought from the petitioner as to why he be not paid anything except subsistence allowance for the period of suspension as well as the order dated 20.12.2022 passed by the Joint Secretary-cum-Director, whereby it has been directed that duri
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The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
Departmental enquiry quashed for violating rules by denying cross-examination opportunity, examining witnesses behind back with only signature proof, and failing to consider replies; remitted for fre....
The central legal point established in the judgment is the requirement of evidence to prove charges in a disciplinary proceeding, the need for adherence to natural justice principles, and the entitle....
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