Patna High Court
Binod Kumar Jha vs The State Of Bihar And Ors on 30 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10702 of 2018
======================================================
Binod Kumar Jha son of Late Bhagirath Jha resident of village P.O. - Lagma,
P.S. - Sonbarsa Raj, District - Saharsa.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Commissioner, Koshi Division, Saharsa.
3. Secretary to the Commissioner, Koshi Division, Saharsa.
4. The District Magistrate, Saharsa.
5. The Deputy Development Commissioner, Vikash Bhawan, Saharsa.
6. The Additional Collector, Saharsa Collectoriate, Saharsa.
7. The Deputy Collector Establishment, Saharsa Collectoriate, Saharsa.
8. The Sub-Divisional Officer, Simri Bakhtiyarpur, District - Saharsa.
9. The Block Development Officer, Block - Simri Bakhtiyarpur, District -
Saharsa.
10. The Director, Accounts Administration and Self Employment, DRDA,
Saharsa.
11. The Circle Officer, Anchal - Kahra, District - Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Mishra
For the Respondent/s : Mr.Md.N.H.Khan -Sc1
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 30-11-2021
State counsel filed counter affidavit, the same is take on
record.
In the instant petition, petitioner has prayed for
following relief/reliefs:
"i) A certiorari setting aside the order dated
24.06.2017 as continued in Memo No. 730 (Annexure-9)
issued under the signature of District Magistrate Saharsa
(Respondent No. 4) whereby and where-under he has inflicted
Patna High Court CWJC No.10702 of 2018 dt.30-11-2021
punished of withholding of total 100 % pension against the
petitioner in a very casual, mechanical and one-sided manner
without following the principle of natural justice.
ii) A further certiorari setting aside the letter dated
08.03.2018 contained in letter No. 547 (Annexure 11)
communicated by the Secretary to the Commissioner, Koshi
Division, Saharsa whereby and where-under appeal preferred
by the petitioner against the aforesaid order of punishment
through his representation dated 08.01.2018 has illegally been
refused to accept.
iii) A mandamus commanding and directing the
Respondents concerned to exonerate the petitioner from the
charges levelled against him and to pay all consequential
service and monetary benefits including full pension along
with its due arrears.
iv) Any other order/orders for granting any other
relief/reliefs for which the petitioner is found entitled to in the
facts and circumstances of this case."
On 16.11.2021 the following order was passed.
"Fourth respondent, District Magistrate,
Saharsa is hereby directed to file an affidavit as to
whether the petitioner has been provided Inquiry
Officer's report seeking his explanation by means of
show cause notice or not. If show cause notice along with
Inquiry Officer's report furnished to the petitioner,
necessary evidence in respect of furnishing those two
documents be placed on record on the next date of
hearing."
Today, learned counsel for the State filed a counter
affidavit.
Perusal of Para 5. It is evident that there is a non
compliance to the view stated in the order dated 16.11.2021 of this
Court. In other words there is a defect in procedural aspect on
behalf of the disciplinary authority while imposing the penalty and
its confirmation by the Appellate Authority, therefore, both the
Patna High Court CWJC No.10702 of 2018 dt.30-11-2021
disciplinary authority and Appellate Authority's order dated
24.06.2017 (Annexure 9) and 08.03.2018 (Annexure 11) are set
aside.
The matter is referred back to the disciplinary authority
to commence the inquiry procedure from the defective stage and
complete the same within a period of two months from the date of
receipt of this order.
With the above observation petition stands allowed.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.12.2021
Transmission Date NA
