Patna High Court
Dharm Nath Baitha vs The State Of Bihar on 3 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6726 of 2020
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Dharm Nath Baitha Son of Sukhlal Baitha, Resident of Village- Mazlishpur,
P.S. Garkha, District- Saran, Presently Posted as Circle Officer, Phoolparas,
P.S. Phoolparas, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary of Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Additional Secretary of Revenue and Land Reforms Department,
Government of Bihar, Patna.
3. The Special Secretary to the Government , Department of Revenue and Land
Reforms, Government of Bihar, Patna.
4. The District Magistrate, Siwan.
5. The Additional Collector-Cum-Conducting Officer, Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Siddharth Harsh
For the Respondent/s : Mr.Sajid Salim Khan ( Sc25 )
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 03-12-2021
Heard the learned counsels for the parties.
2. In the present petition, petitioner has prayed for
following reliefs:
"I. That this is an application
for issuance of appropriate writ(s),
order(s), direction(s), for quashing of the
Sankalp issued by the Additional
Secretary of the Revenue and Land
Reforms Department, Government of
dated 18.11.2019 (Annexure-12),
whereby and where-under a punishment
for withholding of two increments with
cumulative effect has been inflicted.
And for stay of the operation of
Patna High Court CWJC No.6726 of 2020 dt.03-12-2021
dated 18.11.2019 passed and issued by the
Respondent No. 3 (nnexure-12) during
pendency of the writ application.
And/or pass such any other
order/orders which this Hon'ble Court
may deem fit and proper in the facts and
circumstances of the case."
3. Disciplinary proceeding were initiated against the
petitioner. It was concluded in imposition of penalty of
withholding of two increments with a cumulative effect, which
is one of the major penalty inflicted on 18.11.19 (Annexure-12).
4. Learned counsel for the petitioner submitted that
there are number of lacunas in holding the disciplinary
proceedings. He has specifically pointed out that there is non-
compliance of Sub-rule 3 and 4 Rule 17 of Bihar Government
Servants (Classification, Control & Appeal) Rules, 2005 (For
short 'Rules, 2005').
5. Perusal of the counter statement, it is evident that
the aforesaid contention has not been dealt by the author of the
counter statement and it is not disputed by the learned State
Counsel.
6. In the light of these facts and circumstances, the
petitioner has made out a prima facie case so as to interfere with
the impugned order dated 18.11.2019 and the same is set aside.
Patna High Court CWJC No.6726 of 2020 dt.03-12-2021
7. The matter is remanded to the disciplinary authority
to commence the enquiry afresh from the defective stage and
complete the enquiry proceedings within a period of six months
from the date of receipt of copy of this order.
8. Copy of the order shall be communicated to the
Chief Secretary, State of Bihar, since in almost every case there
is violation of Sub-rule 3 and 4 of Rule 17 of Rules, 2005.
Necessary action shall be taken against the officer who has
violated the aforesaid rules after holding disciplinary
proceedings against such officer in not exercising quasi-
judicial functions in terms of Rules, 2005.
9. If the impugned penalty order is not given effect as
on today in view of quashing, the petitioner is entitled to
monetary benefits. the same shall be calculated and disbursed to
the petitioner within a period of two weeks from today.
10. Accordingly, the instant petition stands allowed.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 07.12.2021
Transmission Date
