Patna High Court
Sanjay Kumar Singh vs The State Of Bihar And Ors on 30 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23512 of 2018
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Sanjay Kumar Singh S/o Late Mahendra Narayan Singh Resident of Village
and P.O.-Arraha,P.S. Ghailarh,Distt.-Madhepura
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary,Revenue and Land Reforms Department,Bihar,Patna
3. The Divisional Commissioner, Koshi Division-Saharsa
4. The District Magistrate-cum-Collector, Madhepura
5. The Circle Officer,Alamnagar,Madhepura
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajendra Narain, Sr. Advocate
Mr. Ram Nibash Pd., Advocate
For the Respondent/s : Mr. Nutan Sahay, AC to AAG-12
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 30-11-2021
State counsel has filed supplementary counter
affidavit. The same is taken on record.
2. In the instant petition, petitioner has prayed for
following reliefs:
"(a) For issuance of an
appropriate writ quashing the order of
punishment of dismissal from service
issued by the District Magistrate- cum-
Collector, Madhepura (Respondent no. 4)
vide Memo No. 25-2/Stha. dated 08-01-
2016 (Annexure-(8).
(b) For issuance of an
appropriate writ quashing the appellate
order dated 06-10-2018 passed by the
Divisional Commissioner, Koshi Division,
Saharsa (Respondent No. 3) whereby and
where under the Service Appeal Petition
Patna High Court CWJC No.23512 of 2018 dt.30-11-2021
No. 43/2016 of the petitioner has been
rejected by unreasoned and nonspeaking
order.
(c) For appropriate writ
commanding the Respondent No. 4 to
reinstate the petitioner in service with all
consequential benefits.
(d) Further, for any relief/reliefs
as your Lordship may deem fit and proper
in the facts and circumstances of the
case."
3. The petitioner is stated to have demanded and
accepted illegal gratification of a sum of Rs. 20,000/- while
discharging duties on the post of Revenue Clerk. He was
subjected to parallel proceedings. Criminal proceeding is still
pending consideration before the jurisdiction forum. In so far as
departmental enquiry is concerned, it was concluded in
imposition of penalty as dismissal from service on 08.01.2016.
4. Feeling aggrieved and dissatisfied by the order of
the disciplinary authority, petitioner preferred an appeal before
the appellate authority and it was rejected on 06.10.2018. Thus,
he has presented the instant petition.
5. Learned senior counsel for the petitioner
vehemently contended that in the initiation of enquiry itself
there is violation of Sub-rule 3 and 4 of Rule 17 of Bihar
Government Servants (Classification, Control & Appeal) Rules,
2005 (for short "Rules, 2005). Further presenting officer has not
Patna High Court CWJC No.23512 of 2018 dt.30-11-2021
played his role in the enquiry proceedings. On this counts,
matter requires to be interfered with the penalty orders.
6. Per contra, learned counsel for the State, on
instruction, submitted that the disciplinary authority has not
complied the initiation of enquiry in respect of Sub-rule 3 and 4
of Rule 17 of Rules, 2005.
7. In the light of these facts and circumstances, the
impugned orders dated 08.01.2016 and 06.10.2018 (Annexure-8
and 11 respectively) are set aside.
8. The disciplinary authority is hereby directed to
initiate a fresh enquiry in compliance of Rule 17 of Rules, 2005.
9. The petitioner shall be paid all monetary benefits
during the intervening period from 08.01.2016 to this date. The
same shall be calculated and disbursed to the petitioner at the
interest of justice. Petitioner shall be taken back to duty at the
earliest, subject to outcome of disciplinary proceedings to be
initiated.
10. Accordingly, the instant petition stands allowed.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 07.12.2021
Transmission Date
