requirement
of natural justice had to be fulfilled in
the departmental proceeding in course of
proving such charge.
From the records, particularly the
enquiry report ... because the
petitioner did not choose to appear in
course of departmental proceeding despite
several notices as also newspaper
communication for his participating
allowed by quashing an order of punishment passed
2
in a departmental proceeding against him forfeiting his
entire pension by substituting the same for withholding ... Civil Surgeon he was placed
under suspension on 4.7.1996. Subsequently a
departmental proceeding was initiated against respondent
no.1 by serving him a memo
order dated
14.6.1993, he was put under suspension in contemplation of
departmental proceeding. On 9.3.1998, he was served with
Article of charges. The enquiry officer ... prosecution, more so,
where departmental proceeding was initiated before
commencement of proceeding. Supreme Court further observed that
acquittal in departmental proceeding would be defence
period of his
suspension, specially when the petitioner in
the departmental proceeding was held guilty
and therefore, subjected to punishment by
separate order dated ... from the
charges for which he was placed under
suspension pending departmental proceeding.
5. In the opinion of this Court, the
first submission
ground that the respondent had earlier
been exonerated in a departmental proceeding of the same
charges. There was no statutory provision for review ... departmental proceedings, the
Chairman of the Board on 21.6.2005 in his file noting had
expressed an apprehension about the correctness of the fresh
departmental proceeding
same was
not existent. Simultaneously, besides the criminal
proceeding, a departmental proceeding was also initiated
against the writ petitioner.
It is submitted by learned counsel ... suspension of the
appellant was revoked, as the departmental inquiry
prolonged. In the departmental proceeding the appellant
was found guilty and he was dismissed from
application with a direction to the respondent authorities
to conclude the departmental proceeding which was
pending against the petitioner since 1998 within the time
frame ... came to be passed against the
petitioner on conclusion of the departmental proceeding.
Annexure-16 which is impugned in this writ application
has now been
direction of this Court the original
record connected with the departmental proceeding
initiated against the petitioner has been produced and
counter affidavit also filed ... Begusarai vide District Order
No. 1226 of 2002 dated 26.8.2002 in departmental
Proceeding No. 29 of 2002, initiated against the
petitioner. The order of dismissal
petitioner
has come before this Court in respect to a
Departmental Proceeding, which was initiated
against him while he was still in service, but
subsequently ... fact that
departmental enquiry was not conducted against the
petitioner following the rule and provision for holding
any Departmental Proceeding against a Government
employee
petitioner
had applied for the voluntary retirement, suspension or
departmental proceeding thereafter, cannot be basis for refusal of
granting voluntary retirement. He has further submitted ... Court and in hurry they have taken decision for
initiation of departmental proceeding without giving even any
reply to the letter making request
