Aditya Rajhans v. The State of Bihar
Case brief
What is this about?
Departmental inquiry; disciplinary proceeding against Assistant Labour Commissioner, Labour Resources Department, Bihar; charge memo not approved by competent/disciplinary authority; charge memo without due process or evidence; enquiry report submitted without conducting enquiry; order in Memo No.1392 dated 18.06.2019 sought to be set aside; violation of Bihar Government Servant (Classification, Control & Appeal) Rules, 2005; Government letter No.15548 dated 06.12.2017; appeal pending before Appellate Authority since 2018; memo of appeal before Principal Secretary-cum-Disciplinary Authority; writ disposed with direction to pass reasoned and speaking order; supplementary memo of appeal within 30 days; consideration within 90 days counted from end of Lok Sabha 2024 general elections; Patna High Court CWJC No.4899 of 2020.
What did the court decide?
Writ petition disposed of with directions to respondent no.1 to entertain the petitioner's supplementary memo of appeal (within 30 days) and to pass a reasoned and speaking order on all points raised, within 90 days from production of the order along with the supplementary appeal; the 90-day period to run from the end of the Lok Sabha 2024 general elections