ARJUN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Ganesh Pd. Singh, learned senior Counsel for the

(2.) THE question involved in this writ application is as to whether on the point of difference by the disciplinary authority with the inquiry report, an opportunity of being heard is required to be given to the delinquent.

(3.) IT is submitted by learned Counsel appearing on behalf of the petitioner that the petitioner was proceeded against in a departmental proceeding and during the pendency of the departmental proceeding, he was put under suspension. In the departmental proceeding the inquiry report as contained in Annexure 7, was submitted to the disciplinary authority saying that the charges levelled against the petitioner are not proved and, therefore, he recommended for his exoneration from the departmental proceeding. On receipt of the enquiry report, as contained in Annexure -7, the disciplinary authority vide order, as contained in Annexure 9, differed with the same and imposed certain punishments upon the petitioner. It is further submitted by learned Counsel appearing on behalf of the petitioner that before passing the order, as contained in Annexure 9, no opportunity, whatsoever, was given to the disciplinary authority has differed with the view of the enquiry officer.