Patna High Court
Dharmendra Kumar vs The State Of Bihar on 1 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 3713 of 2020
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Dharmendra Kumar Son of Binda Prasad Sinha, Resident of Village- Bhalui,
P.s.- Raja Pakar, District- Vaishali ... ... Petitioner/s
Versus
1. The State of Bihar
2. The Divisional Commissioner, Tirhut Division, Muzaffarpur
3. The District Magistrate-cum-Collector, Vaishali
4. The Addl. Collector, Vaishali
5. The Dy. Collector, Land Reforms, Mahua, District- Vaishali
6. The Block Development Officer, Goraul, District- Vaishali
7. The Sub-Divisional Officer, Hajipur, District- Vaishali
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate
Mr. Rakesh Kumar Soni, Advocate
For the Respondent/s : Mr. Rakesh Kumar Srivastava, AC to GP 15
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 01-02-2021
Heard learned counsel for the petitioner and learned AC
to GP 13 for the State through video conferencing.
The petitioner has filed the instant application praying for
quashing the order dated 12.3.2019 passed by the Divisional
Commissioner, Tirhut Range, Begusarai in Service Appeal no.
150 of 2018 whereby and whereunder the order of punishment
passed by the District Magistrate-cum-Collector, Vaishali has
been affirmed, for quashing the order contained in Memo no.
502 dated 19.5.2017 passed by the learned District Magistrate-
cum-Collector, Vaishali whereby the punishment of reduction
to lowest stage in time scale with non-cumulative effect for a
period of three years as well as punishment of censure has been
awarded to the petitioner in the departmental proceeding.
Patna High Court CWJC No. 3713 of 2020 dt.01-02-2021
The facts in brief are that the petitioner while posted in
the office of the Block Development Officer, Goraul was served
with a show cause notice dated 22.1.2007 to the effect that
although he was in judicial custody from 28.4.2005 to 5.5.2005
in West Bangal, however giving an incorrect certificate relating
to his health he had hidden this fact. The petitioner was placed
under suspension by order contained in memo no. 170 dated
20.2.2007. The petitioner filed his reply to the above show case
and on 19.9.2007 also deposited the amount for the period that
he had remained in custody. Subsequently, his suspension was
revoked on 28.1.2008. Again by letter dated 27.10.2014 the
petitioner was asked to file his show cause by another
Conducting Officer to which he replied on 18.11.2014.
Thereafter, the order of punishment contained in memo no. 502
dated 19.5.2017 was passed which was to the effect that in terms
of Rule 14(i) and (iv) of the Bihar Government Servants
(Classification, Control and Appeal) Rules, 2005 (herein
after referred to as 'the Bihar CCA Rules, 2005') the
petitioner was put in lowest stage in time scale with non-
cumulative effect for the period of three years as also censure.
The petitioner preferred an appeal but the same was rejected by
the Divisional Commissioner, Tirhut Range, Begusarai by his
order dated 12.3.2019.
It is contended by learned counsel for the petitioner that
after the petitioner filing 1st reply to the show cause notice in
2007, the suspension of the petitioner was revoked on 28.1.2008
and thereafter the respondents slept over the matter. It is
submitted that there was gross violation of principles of natural
justice in so far as no copy of the enquiry report of the Enquiry
Officer was provided to the petitioner nor was the petitioner
Patna High Court CWJC No. 3713 of 2020 dt.01-02-2021
served with any show cause notice before awarding punishment.
Thus, it is submitted that the order of punishment impugned
herein is not sustainable in law and the order passed by the
learned Divisional Commissioner rejecting the appeal is also
illegal and fit to be set aside.
A counter affidavit has been filed on behalf of the
respondent nos. 3 to 7, however the same does not contest the
aforesaid two submissions made on behalf of the petitioner to
the effect that the petitioner was not served with a copy of the
enquiry report nor did he receive any show cause notice before
passing of the order of punishment.
Having heard learned counsel for the parties and on going
through the records of the case, the Court finds that in paragraph
14 of the writ application, it has categorically been stated that
the copy of the enquiry report was not provided to the petitioner
nor was he served with any show cause before awarding of
punishment. The said contention of the petitioner not having
been denied by the respondents in their counter affidavit, the
orders impugned cannot be sustained in view of the provisions
of the Bihar CCA Rules, 2005 and different pronouncements of
the Apex Court.
Thus, in view of the facts and circumstances of the case,
the order of punishment contained in memo no. 502 dated
19.5.2017 passed by the learned District Magistrate-cum-
Collector, Vaishali and the order passed in Service Appeal
no.150/2018 dated 12.3.2019 by the learned Divisional
Commissioner, Tirhut Range, Begusarai are set aside.
Respondents shall serve a copy of the enquiry report on the
petitioner giving time to the petitioner to file his reply to the
same. Liberty is granted to the respondents to proceed with the
Patna High Court CWJC No. 3713 of 2020 dt.01-02-2021
departmental proceeding from this stage in accordance with law.
Writ application stands allowed with the above
observations and directions.
(Partha Sarthy, J)
Prakash/-
AFR/NAFR
CAV DATE
Uploading Date
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