Petitioner challenged penalty of censure without departmental enquiry and denial of enquiry report copy. Court held personal hearing and show cause suffice for minor penalty, finding no violation of Rules of 2005.
Petitioner's writ petition assailing penalty was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17914 of 2022
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Vinod Kumar Sharma son of Sri Krishna Singh, Resident of Village- Patahi (Ramcharitra Nagar), P.S.- Sadar District- Muzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Uday Prakash Shrarma, Adv. For the State : Mr. Jitendra Kr. Roy, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
Patna High Court CWJC No.17914 of 2022(2) dt.06-01-2023 2/3
DIET Rambagh, Muzaffarpur submitted his explanation on 31.12.2020, whereafter findings were arrived by the Regional Education Deputy Director circle Muzaffarpur and found the conduct of the petitioner not in accordance with that of a responsible officer. Whereafter, the petitioner was issued a charge-sheet along with memorandum dated 09.03.2021 which was communicated vide registered letter which is admitted to have been recieved and thereafter an action has been taken after receiving explanation awarding a minor penalty of censure. The suspension order has been set aside and the petitioner has also been paid the entire payment during the suspension period. Personal hearing was also provided to the petitioner on 25.03.2021.
Patna High Court CWJC No.17914 of 2022(2) dt.06-01-2023 3/3
consonance with the provisions of the Rules of 2005 and do not
warrant any interference.
accordingly dismissed.
(Sanjeev Prakash Sharma, J)
Sachin/-
Item No. 58
U
2 issues framed by the court
Whether a personal hearing and copy of enquiry report are required for imposition of minor penalty like censure.
Whether non-conduct of detailed enquiry under Rule 17 of Rules of 2005 warrants interference by this Court in minor penalty cases.
1 provisions across 1 enactments
Vinode Kumar Sharma
State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar
Additional Principal Secretary, Education Department, Government of Bihar
Director (Administration) cum Additional Secretary Education, Government of Bihar
Special Secretary cum Director Administration Government of Bihar
District Education Officer, Muzaffarpur
SANJEEV PRAKASH SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
