Fresh Disciplinary Enquiry After Submission Of Enquiry Report Impermissible: Patna HC
Patna High Court: A single judge bench of Justice Arvind Singh Chandel set aside an order for fresh disciplinary enquiry against a government servant, finding it impermissible under the Bihar Government Servants Rules, 2005. The court held that after submission of an enquiry report, the disciplinary authority has limited options and cannot start a de novo enquiry. Arguments Prasad submitted that once the enquiry officer submits a report under Rule 18 of the 2005 Rules, the disciplinary authority must either accept it, disagree with it, or direct further enquiry with reasons. Secondly, the court cited State of Bihar v. Md Shamim Akhtar, which held that after receiving an enquiry report, a disciplinary authority has limited options: either accept or reject the findings, or if you disagree, issue a show cause notice and remand the matter to enquiry.
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