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2025 Supreme(Online)(Pat) 1943

PATNA HIGH COURT
PARTHA SARTHY, J
Bindeshwari Yadav – Appellant
Versus
The State of Bihar through the Principal Secretary, Health Department, Government of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Md. Shahnawaz Ali
For the Respondents: Mr. Mujtabaul Haque, GP- 12, Mr. Vasant Vikas, AC to GP- 12

Table of Content
1. arguments concerning procedural violations in the disciplinary proceedings. (Para 7 , 9 , 10)
2. details regarding the misconduct allegations with respect to patient care. (Para 11 , 12 , 13)
3. court’s emphasis on the necessity of evidence in the inquiry process. (Para 14 , 15)
4. court's decision to quash the orders based on procedural flaws. (Para 16 , 17 , 18)

ORAL JUDGMENT

Date : 24-12-2025 Heard learned counsel for the parties.

2. The petitioner by filing the instant writ application has prayed for quashing the order of punishment contained in Memo no. 2088 dated 23.5.2017 passed under the signature of the Superintendent, Darbhanga Medical College and Hospital, Laheriasarai (in short ‘DMCH’) wherby the respondents inflicted the petitioners with the punishment of withholding three increments of their salary with non- cumulative effect, censure and that the petitioners would not be entitled for any backwages or any other allowance except the subsistence allowance for the period of suspension. 3. The case of the petitioners in brief is that while they were posted as Class-IV employees and were working on the post of Kaksha Sevak in the DMCH, they were placed unde

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