BRIJ BIHARI SINGH versus BIHAR STATE FINANCIAL CORPORATION AND OTHERS

BRIJ BIHARI SINGH versus BIHAR STATE FINANCIAL CORPORATION AND OTHERS

The disciplinary proceedings were vitiated by violation of natural justice and statutory regulations, as the appellant was denied reasonable opportunity to defend, and the procedure adopted deprived him of the statutory right of appeal, rendering the dismissal invalid.

Parties
Appellant: Brij Bihari Singh; Respondents: Bihar State Financial Corporation and Others
Jurisdiction
India
Judgment Date
20 November 2015
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of High Court of Judicature at Patna
Outcome
Appeal allowed
Legal Topics
Disciplinary Proceedings, Natural Justice, Administrative Law, Appeal Rights
Service Law Disciplinary Proceedings Natural Justice Administrative Law Appeal Rights

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Parties

Brij Bihari Singh

Appellant

Bihar State Financial Corporation and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of High Court of Judicature at Patna

Legal Issues

  1. 1 Whether the disciplinary proceedings violated principles of natural justice and Bihar State Financial Corporation (Staff) Regulations, 1965
  2. 2 Whether the procedure adopted deprived the appellant of his right to appeal under Regulation 40

Ratio Decidendi

The disciplinary proceedings were vitiated by violation of natural justice and statutory regulations, as the appellant was denied reasonable opportunity to defend, and the procedure adopted deprived him of the statutory right of appeal, rendering the dismissal invalid.

Court Disposition

Appeal allowed

Orders

  • Orders of Board of Directors and judgments of High Court set aside.
  • Matter remitted to Disciplinary Authority to proceed from enquiry stage afresh and pass a reasoned order in accordance with law after giving full opportunity of hearing to appellant.