Simplified Explanation of the Judgment:
In a significant judgment, the Patna High Court has quashed the dismissal of a school teacher, ordering his reinstatement along with all consequential benefits, including monetary dues. The petitioner, who served as an Assistant Teacher in a government middle school in Purnea, was dismissed in March 2019 based on allegations made by his ex-wife.
The Court found that the entire departmental inquiry was marred by procedural violations under the Bihar Government Servants (CCA) Rules, 2005:
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The charge memo was issued in 2013, even before the actual complaint was filed in 2015.
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The teacher was not given a fair opportunity to cross-examine the complainant or access necessary documents like the complaint letter.
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The inquiry officer continued proceedings and submitted multiple reports even after becoming “functus officio” (lacking authority post-submission of report).
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Disciplinary authorities attempted to control the outcome by asking the inquiry officer to amend his report, and issued a show cause notice based on an already rejected report.
Moreover, the allegations related to a second marriage were not proven with valid evidence, and the disciplinary authority overstepped its legal limits by making conclusions on issues pending before the family court.
The Court held that such an inquiry and dismissal order violated principles of natural justice, and directed the teacher’s reinstatement.
Significance of the Judgment:
This judgment is crucial for public servants across Bihar. It upholds the rule that no government employee can be dismissed without following due process. The Court's ruling protects employees from arbitrary actions by administrative authorities and reinforces the need for a fair and lawful inquiry process.
Legal Issues Decided:
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Whether a departmental inquiry conducted without supplying necessary documents and opportunity of cross-examination is valid.
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Whether dismissal based on unproven allegations violates the principles of natural justice.
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Whether an inquiry officer can act beyond their role post submission of the report.
Judgments Referred by Parties:
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Roop Singh Negi v. Punjab National Bank, (2009) 2 SCC 570
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C.W.J.C. No. 7206 of 2016, Shankar Dayal v. State of Bihar
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ECIL v. B. Karunakar, (1993) 4 SCC 727
Judgments Relied Upon by the Court:
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Same as above
Case Title: Subodh Kumar Yadav v. The State of Bihar & Ors.
Case Number: Civil Writ Jurisdiction Case No. 4580 of 2020
Citation(s): 2024(4)PLJR
Coram and Names of Judges:
Hon’ble Mr. Justice Anjani Kumar Sharan
Advocates Appeared:
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For the Petitioner: Mr. Rajeev Kumar Singh
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For the Respondents: Mr. Subash Chandra Mishra (SC 16)
Link to the Judgment:
https://patnahighcourt.gov.in/viewjudgment/MTUjNDU4MCMyMDIwIzEjTg==-8IbM2wFTtgE=
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