Patna High Court
Ashok Kumar Yadav vs The State Of Bihar on 8 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9135 of 2020
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Ashok Kumar Yadav, Son of Late Shambhu Prasad Yadav, Resident of Flat
No. 204, Basudev Jhari Apartment, Mohalla-Vednagar, Bailley Road, P.S.-
Rupaspur, District and Town-Patna-800014, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Health, Govt. of Bihar, Patna.
3. The Joint Secretary, Department of Health, Govt. of Bihar, Patna.
4. The Managing Director, Bihar Medical Services Infrastructure Corporation
Limited, 4th Floor, Bihar State Building Construction Corporation Limited,
Hospital Road, Shastri Nagar, Patna.
5. The State Drug Controller, Drug Control Administration, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shekhar Singh, Advocate
For the Respondent/s : Mr. S.D. Yadav, AAG-9
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL JUDGMENT
Date : 08-12-2021
This writ application was filed on 08.12.2020 seeking
a direction to the respondents No. 1 to 3 to consider the
petitioner's request to grant him adequate time extension after
the end of the lockdown period imposed due to spread of
COVID-19 virus for submission of reply/ representation against
the enquiry report submitted by the Enquiring Authority. A
prayer was also made seeking a direction to the concerned
respondent authorities to supply complete enquiry report so as to
enable him to file proper reply/ representation as the copy of the
Patna High Court CWJC No.9135 of 2020 dt. 08-12-2021
enquiry report supplied to him did not contain pages No. 7 to 13
of the said report.
2. During pendency of the writ application final order
has been passed in the disciplinary proceeding with the issuance
of resolution vide Memo No. 516(15) dated 26.03.2021 by the
Health Department, Government of Bihar, whereby punishment
of dismissal from service has been imposed upon the petitioner.
The petitioner has sought for amendment in the writ petition by
filing I.A. No. 01 of 2021 so as to challenge the said resolution
dated 26.03.2021, which was allowed by order dated 28.06.2021.
3. Heard Mr. Shekhar Singh, learned counsel
appearing on behalf of the petitioner and Mr. S.D. Yadav, learned
AAG-9 for the State of Bihar.
4. The short facts of the case requisite for the present
adjudication are that on the allegation of certain illegalities/
irregularities committed by the petitioner while posted as Drug
Inspector on deputation under Superintendent, Patna Medical
College and Hospital, Patna in purchase of medicines, chemicals,
re-agents, machines and equipments for the financial year 2008-
09 and 2009-10, Vigilance Case No. 061 of 2013 came to be
registered for the offences punishable under Sections
406/409/420/120-B of the Indian Penal Code read with Section
Patna High Court CWJC No.9135 of 2020 dt. 08-12-2021
13(1)(D) of the Prevention of Corruption Act, 1988. The
Government of Bihar, on a request made by the Vigilance
Investigation Bureau, has granted sanction for petitioner's
criminal prosecution on 22.05.2014. A departmental proceeding
was subsequently initiated against him vide Resolution No. 1104
(15) dated 07.10.2016 issued by the Health Department,
Government of Bihar, under Rule 17 of Bihar Government
Servants (Classification, Control and Appeal) Rules, 2005 [for
short BGS(CCA) Rules]. The Enquiring Authority submitted his
report on 14.02.2020, holding the charges framed against the
petitioner in the departmental enquiry to be proved. Copy of the
said departmental enquiry was communicated to the petitioner
through departmental memo No. 408(15) dated 27.03.2020
requiring him to file his reply within 15 days. Before final order
was passed in the disciplinary proceeding, the petitioner
approached this Court by filing the present writ application
seeking a direction to the respondents to allow him adequate
time for filing his representation in response to the findings
recorded by the Enquiring Authority.
5. It is the petitioner's specific case that complete copy
of the enquiry report was not supplied to him and, therefore, it
was not possible for him to properly deal with the findings
Patna High Court CWJC No.9135 of 2020 dt. 08-12-2021
recorded by the Enquiring Authority. The lockdown, arising out
of COVID-19 pandemic, was also taken as a ground which
hindered the petitioner submitting his effective reply.
6. Though a specific plea has been taken in the writ
petition that the report of the Enquiring Authority, which was
supplied to the petitioner, was not complete, the State of Bihar
has not controverted specifically the said statement in its counter
affidavit filed in March 2021. In the counter affidavit it has been
stated that as the petitioner failed to submit his representation on
the said enquiry report, the Disciplinary Authority had no other
option but to proceed further in the departmental proceeding and
accordingly after obtaining necessary concurrence of Bihar
Public Service Commission (BPSC), it has been decided to
impose major punishment of dismissal from service.
7. As has been noted hereinabove, the order of
dismissal has been passed on 26.03.2021, which is under
challenge in the present case.
8. A supplementary counter affidavit has also been
filed on behalf of the State of Bihar asserting therein that after
adopting due procedure, major punishment of dismissal from
service under Rule 14(xi) of the BGS(CCA) Rules has been
imposed upon the petitioner.
Patna High Court CWJC No.9135 of 2020 dt. 08-12-2021
9. Since, despite there being specific averment made in
the writ petition that complete copy of the enquiry report was not
supplied to the petitioner and no denial thereof was coming forth
in the counter affidavit/ supplementary counter affidavit filed on
behalf of the State of Bihar, by an order dated 02.11.2021, the
State Drug Controller was asked to be personally present with
specific stand as to whether full report of the Enquiring
Authority was communicated to the petitioner through email on
27.03.2020, in the wake of the petitioner's claim that pages No.
7 to 13 of the said report were missing and, therefore, it was not
possible for him to make his effective representation on the said
enquiry report.
10. Pursuant to the aforesaid order, the State Drug
Controller, Bihar appeared before this Court on 03.11.2021 with
the original records of the departmental proceeding. The State
Drug Controller, Mr. Ravindra Kumar, admitted before this
Court that pages No. 7 to 13 of the enquiry report were not
communicated to the petitioner while supplying the same
through email to him, seeking his representation thereon.
11. There being no dispute in relation to the fact that
complete copy of the enquiry report was not supplied to the
petitioner so as to enable him to make his effective
Patna High Court CWJC No.9135 of 2020 dt. 08-12-2021
representation against the findings of the Enquiring Authority, in
my opinion, any decision based on such enquiry report cannot be
sustained.
12. Accordingly, the resolution dated 26.03.2021,
whereby punishment of dismissal from service has been imposed
upon the petitioner, is hereby quashed being in breach of
principles of natural justice as well as the provisions of Rule
18(3) of the BGS (CCA) Rules which obligates the Disciplinary
Authority to forward a copy of the enquiry report to the
delinquent government servant. Supply of truncated copy of the
enquiry report is apparent non-compliance of Rule 18(3) of the
BGS (CCA) Rules. Consequent upon setting aside of the
impugned resolution, the petitioner shall be required to be
reinstated forthwith. The Disciplinary Authority is hereby
directed to ensure that a complete copy of the enquiry report is
supplied to the petitioner within one month from today, allowing
him 15 days time to submit his written representation, from the
date of supply of the said enquiry report, as stipulated under Rule
18(3) of the BGS (CCA) Rules. Upon considering the
petitioner's representation on the report of the Enquiring
Authority the Disciplinary Authority shall be required to proceed
in accordance with law.
Patna High Court CWJC No.9135 of 2020 dt. 08-12-2021
13. This application is accordingly allowed with the
aforesaid observations and directions.
14. Let original records produced by the State Drug
Controller, Bihar be returned to learned AAG-9.
(Chakradhari Sharan Singh, J)
Rajesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.12.2021
Transmission Date NA
