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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSHUMAN
Mukesh Kumar, Son of Dhaneshwar Singh – Appellant
Versus
State of Bihar through Principal Secretary – Respondent
| Table of Content |
|---|
| 1. violation of statutory procedures in disciplinary actions. (Para 2 , 4 , 5 , 10) |
| 2. grounds and implications related to jurisdiction in disciplinary matters. (Para 3 , 6 , 8 , 9) |
| 3. judicial review on adherence to procedural rules. (Para 12 , 13 , 14) |
| 4. order referring the case back to the appellate authority. (Para 15 , 16 , 17 , 18) |
JUDGMENT :
DR. ANSHUMAN, J.
Heard learned Sr. Counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed for the following relief/s :-
“(i) For quashing the Show Cause Notice contained in Letter No. 1653 dated 29.06.2021 issued by Respondent Deputy Secretary, Cooperative Department, Government of Bihar invoking Rule-28 of the Bihar C.C.A. Rules , 2005 on the ground of being in breach of Rule -28 and thus a nullity in the eyes of law.
(ii) For quashing the Notification No. 1657 dated 30.06.2021 awarding punishment of reduction to a lower stage in the time of scale of pay for a period of 03 years on the ground that once the invocation of proceeding under Rule 28 C.C. Rule 2005 being illegal, without jurisdictiona nd a nullity in the eyes of law, all consequential orders including the punishment i
Statutory timelines in disciplinary procedures must be strictly adhered to, as violations render actions null and void.
Judicial review in disciplinary matters is limited; courts cannot re-evaluate evidence unless there is a violation of due process or lack of evidence.
Review procedures initiated within six months can extend beyond that period due to necessary legal processes, ensuring fairness and justice.
Failure to issue a second show-cause notice as required by Rule 15(10)(i)(b) invalidates the disciplinary punishment, emphasizing adherence to procedural fairness.
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