Patna High Court
Sanjay Kumar Upadhayay vs The State Of Bihar And Ors on 26 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1642 of 2019
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Sanjay Kumar Upadhayay Sri Baban Upadhayay Resident of Sambika Path,
New Dillian, P.S. Dehri-on- Sone, District Rohtas, presently residing at 1-
B/14, Road No. 1B, Pani Tanki, New Patliputra Colony, P.S.- Patliputra,
District- Patna-800013.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Social Welfare Department, Government of Bihar,
Patna
3. The Director, Integrated Child Development Services (ICDS) Department of
Social Welfare-cum- Inquiry Officer, Government of Bihar, Patna.
4. The Joint Director, Department of Social Welfare, Government of Bihar,
Patna,
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kumar Kaushik, Advocate
For the Respondent/s : Mr. Md.Raisul Haque (Sc10)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 26-11-2021
Heard the learned counsels for the parties.
2. In the instant petition, petitioner has prayed for
following reliefs:
"i. For issuance of an order,
direction or a writ of certiorari for
quashing and setting aside the notification
contained in Memo No. 5821 dated
10.10.2018 whereby and where under the
petitioner, then posted as an Assistant
Director District Child Protection Unit,
Bhojpur at Arrah has been visited with the
punishment of dismissal from service with
a further stipulation that he would not be
entitled to anything apart from the
subsistence allowance during the period of
suspension.
ii. For issuance of an order,
direction or a writ of mandamus for
Patna High Court CWJC No.1642 of 2019 dt.26-11-2021
directing the respondent authorities to
reinstate the petitioner with all
consequential benefits including the arrears
of salary for the period during which he
has been kept out of employment by the
illegal impugned order as well as full
salary for the period of suspension.
iii. For issuance of an order,
direction or a writ of certiorari for
quashing and setting aside the inquiry
report dated 17.11.2017 which has been
prepared by the Inquiry Officer in
contravention of the C.C.A. Rules, 2005 as
well as in view of the fact that the same is
based on no evidence at all.
iv. For issuance of an order,
direction or an appropriate writ for staying
the operation of the aforesaid notification
contained in Memo No. 5821 dated
10.10.2018 during the pendency of the
present writ application."
3. The petitioner is stated to have been appointed as
Assistant Director, District Child Protection Unit and he was
posted at Arrah. On 01.07.2015, the allegation levelled against
him is that he had demanded and accepted a sum of Rs. 50,000/-
illegal gratification from one Sri Dashrath Prasad. In this regard,
Vigilance Case No. 52/2015 dated 01.07.2015 was registered for
the offences punishable under Sections 07/2013(2) read with
Section 13(1)(d) of the Prevention of Corruption Act, 1988.
Arising out of the aforesaid factual aspect, the petitioner was
subjected to parallel proceedings. In the disciplinary
proceedings, charges were framed on 08.12.2015 and it was
Patna High Court CWJC No.1642 of 2019 dt.26-11-2021
concluded in imposition of penalty as dismissal from service on
10.10.2018.
4. On the other hand, criminal proceeding is pending
against the petitioner. In support of challenge to the order of
dismissal dated 10.10.2018, learned counsel for the petitioner
vehemently submitted that from initiation of enquiry itself is not
in accordance with Bihar Government Servants (Classification,
Control & Appeal) Rules, 2005. He has specifically stated that
there is non-compliance of Sub-rule 3 and 4 of Rule 17 of Bihar
Government Servants (Classification, Control & Appeal) Rules,
2005. The aforesaid rules are relating to preparation article of
charges, statement of imputation, list of documents and list of
witnesses followed by show cause notice seeking petitioner's
explanation on the alleged charge. Perusal of Annexure-P-1B, it
is evident that there is non-compliance to the aforesaid
provisions of Rules, 2005.
5. Learned State Counsel was asked as to whether was
there any compliance to the aforesaid provisions for initiation of
enquiry or not? On this issue, he stated that there is non-
compliance .
6. In the light of these facts and circumstances,
initiation of enquiry itself is defective. Therefore, petitioner has
Patna High Court CWJC No.1642 of 2019 dt.26-11-2021
made out a case to interfere the order of dismissal dated
10.10.2018 and it is set aside. Matter is remanded to the
disciplinary authority to commence enquiry from the defective
stage and conclude the disciplinary proceedings within a period
of six months from the date of receipt of copy of this order.
7. With the above observations, the instant petition
stands disposed of.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 30.11.2021
Transmission Date
