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2024 Supreme(Online)(Pat) 3347

PATNA HIGH COURT
ANIL KUMAR SINHA, J
Jagtendra Prasad Singh – Appellant
Versus
The State Of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Mahasweta Chatterjee
For the Respondents: Mr. Prashant Pratap- Gp2

Table of Content
1. petitioner challenged disciplinary actions and circumstances leading to punishment. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. petitioner argues lack of evidence for charges and procedural errors. (Para 10 , 11 , 12)
3. court emphasizes the need for adherence to procedural fairness in disciplinary actions. (Para 13 , 14 , 15 , 16 , 18 , 19 , 20)
4. court finds gross procedural lapses and sets aside the disciplinary orders. (Para 21)
5. writ application allowed; petitioner entitled to salary minus subsistence allowance. (Para 22)

ORAL JUDGMENT

Date : 28-06-2024

1. The petitioner has filed the present writ application challenging the order of punishment bearing Memo No. 5832, dated 20.10.2016 (Annexure 9), passed by the Director SC/ST, Welfare Department, whereby the punishment of censure in a department inquiry, has been imposed and further that the petitioner would not be entitled for any payment except the subsistence allowance during the period of suspension. The petitioner has prayed for consequential relief for quashing the appellate order bearing Memo No. 824, dated 29.03.2017 (Annexure 10), passed by the Appellate Authority affirming the order of punishment. The peti

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