Patna High Court
Md. Sagir Ahmed vs The State Of Bihar And Ors on 16 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3825 of 2017
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Md. Sagir Ahmed Son of Md. Alisuddin, resident of village - Manhara -
Sukhasan, P.O. Sukhasan, P.S. Singheshwar, District - Madhepura
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna
2. The Divisional Commissioner, Koshi Division, Saharsa
3. The District Magistrate - Cum - Collector, Madhepura
4. The Deputy Collector Land Reforms D.C.L.R. , Madhepura
5. The Sub Divisional Officer, Madhepura
6. The Circle Officer, Ghailardh, District - Madhepura
7. The Block Development officer, Ghailardh, District - Madhepura
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Respondent/s : Mr. Raj Kishore Roy, GP 18
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 16-12-2021
In the instant petition, petitioner has prayed for the
following relief/reliefs:
"i) A certiorari setting aside the order dated
23.12.2016 passed by the Divisional Commissioner,
Koshi Division, Saharsa in Service Appeal Case No.
99/2016 in a very cryptic, non-speaking one line order,
affirming the impugned punishment order of dismissal
passed against this petitioner from the level of
Respondent District Magistrate-cum-Collector,
Madhepura dated 03.09.2016, without proper
discussion and consideration of the defence as well as
documents and evidences available on record, which is
very much in the teeth of principle of natural justice.
ii) A further certiorari also setting aside the order
of punishment passed against this petitioner from the
Patna High Court CWJC No.3825 of 2017 dt.16-12-2021
level of Respondent District Magistrate-cum-Collector,
Madhepura vide Memo No. 701-2 dated 03.09.2016
whereby and where-under the respondent Disciplinary
authority has in a very mechanical, casual and
prejudiced manner inflicted upon the petitioner a very
harsh and disproportionate punishment of dismissal
from service in complete defiance of prescribed norms
of departmental proceeding and deliberate non-
consideration of material and evidence brought on
record of the case and as such the order impugned have
got no legal legs to stand upon.
iii) A mandamus commanding and directing the
Respondents concerned to reinstate the petitioner on
his post of Revenue Karmchari with all consequential
benefits, as on the very same set of chares the
petitioner is already being prosecuted in a criminal
proceeding vide Vigilance P.S. Case No. 57/2014.
iv) And/or any other relief or reliefs for which the
petitioner is found entitled to in the facts and
circumstances of this case."
Appellate Authority's order dated 23.12.2016 reads as
under:
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udy oKkIrk vafre vkns"k lsok
vihy ua- [email protected] eks0 lxhj vgen cuke fcgkj ljdkj
vafre vkns"k
15&10&16 ukekadu ds fcUnq ij lqukokbZ gsrq ihBklhu inkf/kdkjh
ds le{k fnukad 02&12&16 dks j[ksaA
[email protected]
izHkkjh inkf/kdkjh fof/k
02&12&16 vihykFkhZ ,oa jkT; dh vksj ls mifLFkfrA ihBklhu
inkf/kdkjh vU; dk;ksZa esa O;Lr gSA fnukad 09&12&16 dks j[ksaA
[email protected]
Patna High Court CWJC No.3825 of 2017 dt.16-12-2021
izHkkjh inkf/kdkjh fof/k
09&12&16 vihykFkhZ vuqifLFkrA jkT; dh vksj ls
mifLFkfrA ihBklhu inkf/kdkjh vU; dk;ksZa esa O;Lr gSA
fnukad 23&12&16 dks j[ksA
[email protected]
izHkkjh inkf/kdkjh fof/k
23&12&16 vihyh; ,oa jkT; dh vksj ls mifLFkfrA
flEl bV bt , VSªi dsl
,Mfe"ku uksV xzk.VsV
[email protected]
23-12-
The Appellate Authority was required to take note of
Rule 27 of Bihar Government Servants (Classification, Control &
Appeal) Rules, 2005 while deciding memorandum of appeal
preferred against penalty order. None of the ingredients under Rule
27 has been considered by the Appellate Authority. In the result,
Appellate Authority's order is non speaking order and without
application of mind.
Accordingly, Appellate Authority order is set aside and
matter is remanded to the Appellate Authority to decide
Patna High Court CWJC No.3825 of 2017 dt.16-12-2021
petitioner's memorandum of appeal afresh within a period of three
months from the date of receipt of this order. In the meanwhile,
petitioner is at liberty to file additional memorandum of appeal, if
any, within a period of two months from the date of receipt of this
order.
With the above observations, writ petition stands
disposed off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 23.12.2021
Transmission Date
