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IN THE HIGH COURT OF JUDICATURE AT PATNA
RITESH KUMAR
Kartik Kumar Jha Son of Late Shiv Narayan Jha Resident of VillageMohanpur, P.S.-Bakhtiyarpur District-Saharsa – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Rural Development, Government of Bihar, Patna – Respondent
JUDGMENT :
Heard the parties.
2. The present writ petition has been filed for the following reliefs:
“i) A writ in the nature of certiorari setting aside the order bearing Memo No. 1160 dated 12.09.2016 passed by Disciplinary Authority (Respondent No. 3), whereby and where under in contemplation of a disciplinary proceeding, petitioner has been inflicted punishment of dismissal from service without following the procedures prescribed under Bihar C. C. A. Rules, 2005 as also without examining any oral evidence presuming the alleged charges proved in gross violation of principle of natural justice.
ii) For setting aside the impugned order passed by appellate authority bearing Memo No. 1536 dated 18.12.2019 passed by Respondent Divisional Commissioner (Respondent No. 2), whereby and where under appeal case No 115/2016 has been rejected without considering the grounds raised in appeal on merits rather in mechanical manner without applying his judicial mind as the appellate order is itself non-speaking which is not proper in the eye of law.
iii) To reinstate the petitioner in service with all consequential monetary benefits. iv) And/or any other relief or reliefs for which the petitioner is
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....
Procedural errors in disciplinary proceedings violated natural justice, requiring the quashing of penalties and remanding for fresh consideration.
Disciplinary proceedings must adhere to principles of natural justice, including fair hearing and consideration of evidence; non-compliance renders dismissal orders unsustainable.
Disciplinary proceedings require oral evidence for proving charges; failure to provide a witness list vitiates the inquiry, emphasizing adherence to natural justice standards.
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
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