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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSHUMAN
Ganesh Prasad Yadav Son of Late Atul Prasad Mandal – Appellant
Versus
State of Bihar through the Chief Secretary, Govt. of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. writ petition pertains to the discipline imposed on a retired engineer. (Para 1 , 2 , 3) |
| 2. claim of illegal punishment based on lack of misconduct findings. (Para 4 , 5 , 6) |
| 3. state argues legality of the disciplinary process. (Para 7 , 8) |
| 4. disciplinary proceedings were flawed; crucial points not addressed. (Para 9 , 10 , 11) |
| 5. court must ensure all judicial orders include reasoned decisions. (Para 12 , 13) |
| 6. misconduct requires grave findings; lack of misconduct leads to quashing of order. (Para 14 , 15 , 16) |
| 7. court mandates payment of admissible dues. (Para 17) |
JUDGMENT :
Re. CWJC No. 5541 of 2022
3. Learned counsel for the petitioner further submits that the dispute giving rise to the present writ petition relates to the period when the petitioner was posted as Executive Engineer, PHED, Sasaram from June, 2010 to December, 2011. It is submitted that the petitioner was served with an order contained in Memo No. 489 dated 25.10.2013 along with a memorandum of charge initiating a departmental proceeding under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as “the CCA Rules, 2005”). Learned counsel submits that
Disciplinary action under Rule 43(b) of the Bihar Pension Rules requires proof of grave misconduct or financial loss to the government; failure to provide substantiated reasoning in orders renders th....
Charges in disciplinary proceedings must be proved based on preponderance of probability, and compliance with procedural rules is mandatory. Pension deduction requires grave misconduct or pecuniary l....
The main legal point established is the requirement to prove charges with a preponderance of probability and the mandatory nature of procedural rules in departmental proceedings.
A single act of omission or error of judgment would not constitute misconduct unless it resulted in serious consequences.
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