Patna High Court
Anil Kumar Sharma vs The State Of Bihar And Ors on 1 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.348 of 2019
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Anil Kumar Sharma Son of Late Sidheshwar Sharma, Resident of Village-
Ramtari, P.S.- Bihta, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Secretary cum Appellate Tribunal Education Department, Govt. of
Bihar, Patna.
4. The Director Administration cum Additional Secretary, Education
Department, Govt. of Bihar, Patna.
5. The Director Primary Education, Education Department, Govt. of Bihar,
Patna.
6. The Regional Deputy Director of Education, Magadh Division, Gaya.
7. The District Education Officer, Nawada.
8. The District Programme Officer, Establishment, Nawada.
9. The District Programme Officer S.S.A., Nawada.
10. The Regional Deputy Director Patna/Education Department 4th Floor Bihar
School Examination Board 10
11. Ashiq Bari Khan, Son of Late Nazir Ahmad Khan, Asst Teacher Urdu
Upgraded Middle School Chandipur, P.S.- Akbarpur, Dist- Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bibhuti Narayan
For the Respondent/s : Mr. Madhaw Pd. Yadaw- Gp23
Mr. Arvind Kumar AC to GP-23
Mr. Rajesh Kumar Sinha, AC to GP-23
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 01-12-2021
Heard the learned counsels for the parties.
2. In the instant petition, petitioner has prayed for
following reliefs:
"(i) For quashing the order contained in
memo no. 599 dated 14.06.2017 (Ann-12) issued by
respondent no.5, whereby and where under the
Patna High Court CWJC No.348 of 2019 dt.01-12-2021
petitioner has been dismissed from service under
Bihar government Servant (classification, control and
appeal) Rule 2005 chapter (v) clause-14 sub-clause-
XI.
(ii) For quashing the order contained in
memo no. 1225 dt. 04.09.2018 (Ann-15) whereby
and where under the Statutory appeal preferred
against the order of dismissal from service dt.
14.06.2017 has been decided to kept intact.
(iii) Any other relief/s which this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case."
3. The petitioner was subjected to parallel proceedings
for the alleged allegation under the Prevention of corruption
Act, 1988. Criminal proceedings lodged against the petitioner is
still pending consideration before the jurisdiction forum. In
respect of disciplinary proceedings, official
respondent/competent authority has imposed major penalty
while initiating proceedings under Rule 17 of Bihar Government
Servants (Classification, Control & Appeal) Rules, 2005 (For
short Rules, 2005).
4. One of the contention raised by the petitioner is that
the initiation of enquiry itself is illegal and arbitrary and
contrary to Sub-rule 3 and 4 of Rule 17 of Rules, 2005.
4. Per contra, learned counsel for the State has not
disputed the aforesaid issue that there is non-compliance of Sub-
rule 3 and 4 of Rule 17 of Rules, 2005.
Patna High Court CWJC No.348 of 2019 dt.01-12-2021
5. This Court in case of Sonu Kumar Vs. State of
Bihar, 2021 SCC online Pat.2225, decided on 22.09.2021 held
that if there is any violation of Sub-rule 3 and 4 of Rule 17 of
Rules, 2005, the action of the concerned respondent is liable to
be set aside.
6. In the light of these facts and circumstances and
the fact that there is non-compliance of Sub-rule 3 and 4 of Rule
17 of Rules, 2005, the petitioner has made out a case.
Accordingly, the impugned order dated 14.06.2017 is set aside.
The matter is remanded to the disciplinary authority to proceed
afresh from the defective stage and complete enquiry
proceedings within a period of six months.
7. This is yet another case where there is violation of
Sub-rule 3 and 4 of Rule 17 of Rules, 2005 in the initiation of
disciplinary proceeding against the officer of State of Bihar.
8. Time and again, this Court has come across in
respect of violation of Sub-rule 3 and 4 of Rule 17 of Rules
2005 in disciplinary proceedings. The same has not been taken
note of by the disciplinary authority. Therefore, the Chief
Secretary, State of Bihar is hereby directed to take appropriate
action against such of those disciplinary authorities after
issuance of notice and other formalities against such of those
Patna High Court CWJC No.348 of 2019 dt.01-12-2021
officials who are keep on violating Sub-rules of Rule 17 of
Rules 2005 and the compliance report shall be furnished within
a period of six months to the Registry of this Court.
9. The petitioner shall be taken back to duty forthwith,
subject to outcome of enquiry proceedings to be concluded.
10. Accordingly, the instant petition stands allowed.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 07.12.2021
Transmission Date
