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IN THE HIGH COURT OF JUDICATURE AT PATNA
RITESH KUMAR
Ramesh Mishra S/o Shri Chandra Kishore Mishra – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RITESH KUMAR, J.
1. Heard the learned counsel for the parties.
2. The present writ petition has been filed for the following reliefs:-
“i. For issuance of writ in the nature of certiorari for quashing of Letter No. 16640 dated 22.10.2013 issued by the Joint Secretary, General Administration Department, Govt. of Bihar, Patna whereby the petitioner has been served with a second show cause notice for grant of major punishment under Rule 14 of the Bihar Government Servant (Classification, Control & Appeal) Rules, 2005.
ii. For issuance of writ in the nature of certiorari for quashing of the inquiry report dated 6.03.2010 submitted by the Conducting Officer- cum-Commissioner, Purnea Division, Purnea whereby the charges have been proved against the petitioner in gross violation of the principle of natural justice and without supplying the requisite documents to the petitioner which caused great prejudice to the defense of the petitioner in the departmental proceeding.
iii. For holding that the Inquiry Officer was wrong in submitting his inquiry report without ensuring compliance of his own order whereby he had directed the Presenting Officer to provide the required documents to the
Departmental proceedings initiated without the appointing authority's approval are void, and failure to provide access to relevant documents violates natural justice principles.
Departmental proceedings must be initiated by the appointing authority, and failure to comply with this requirement renders the proceedings void, violating principles of natural justice.
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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