Mahfooz Alam vs The State Of Bihar
2022 Latest Caselaw 2931 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.23655 of 2018
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Mahfooz Alam, Son of Mahmood Alam, resident of Quarter No. 111, Raj Bhawan, Raj Bhawan Campus, Patna, Bihar.

... ... Petitioner/s Versus

1. The State Of Bihar through the Chief Secretary, Bihar, Patna.

2. Principal Secretary to the Hon'ble Governor, Raj Bhawan, Bihar, Patna.

3. Officer on Special Duty (Establishment), Governor's Secretariat, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Priyank Deepak, Advocate Mr. Punit Kumar, Advocate For Respondent Nos, 2 &3: Mr. Rajendra Kumar Giri, Advocate For the State : Mr. Md. Fazle Karim, AC to SC-01 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-05-2022

Heard learned counsels for the parties.

2. In the present petition, petitioner has prayed for

following reliefs:-

"(i) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the office order dated 02/07/2018 issued by the Officer on Special Duty (Establishment), Governor's Secretariat, Bihar, Patna, by which the petitioner has been compulsorily retired from the services of the Governor's Secretariat, Bihar, Patna from the post of Lower Division Clerk in terms of the provisions contained under rule 74 of the Bihar Service Code;

(ii) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the order as communicated by a letter dated 13/09/2018 Patna High Court CWJC No.23655 of 2018 dt.18-05-2022

issued by the concerned authorities under the Governor's Secretariat, Bihar, Patna, by which the petitioner was informed that the review petition preferred by him against the order of compulsory retirement passed against him by the aforesaid order dated 02/07/2018 had been rejected;

(iii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Governor's Secretariat, Bihar, Patna to allow the petitioner to resume his duties in the capacity of Lower Division Clerk in the services of the Governor's Secretariat, Bihar, Patna, alongwith all the consequential benefits that he may be found to be entitled to upon reinstatement of the service in the said capacity;

(iv) Any other relief/reliefs that the petitioner/petitioners may be found to be entitled to in the facts and circumstances of the present case."

3. Petitioner has been retired compulsorily while

invoking Rule 74 of the Bihar Service Code and not as the

measure of penalty. In order to ascertain the reasons, on

23.03.2022 following order was passed:-

"Counsel for the Secretariat of Governor is hereby directed to get translation of proceedings drawn in retiring petitioner compulsorily under Rule 74 of the Bihar Service Code before the next date of hearing and place it on record.

Re-list the matter on 20.04.2022."

4. Today, learned counsel for the respondent furnished

office note maintained in the office of His Excellency Patna High Court CWJC No.23655 of 2018 dt.18-05-2022

Governor. At page 43/N dated 06.09.2017 till page 58/N dated

08.06.2018 there were certain allegations against the petitioner

in respect of dereliction of duties, indiscipline etc., In fact,

superiors to the petitioner made various allegations against the

petitioner in not obeying their orders from time to time. After

recording page 43/N to 58/N relating to allegations against the

petitioner, abruptly official respondents commenced process of

retiring the petitioner compulsorily while invoking Rule 74 of

Bihar Service Code from 27.06.2018, vide page 60/N. In the

light of these material information one has to draw inference

that the official respondent while retiring petitioner

compulsorily under Rule 74 of the Bihar Service Code have

adopted short circuit method. In other words, the petitioner

should have been subjected to disciplinary proceedings with

reference to page 43/N dated 06.09.2017 to page 58/N dated

08.06.2018 which are relating to various allegations against the

petitioner. In order to circumvent disciplinary proceedings the

concerned respondent invoked Rule 74 of the Bihar Service

Code and get rid of petitioner's services.

5. In the light of these facts and circumstances, it is

material evident that official respondents have initially taken a

decision to initiate disciplinary proceedings as is evident from Patna High Court CWJC No.23655 of 2018 dt.18-05-2022

the record. Thereafter, abruptly invoked Rule 74 of the Bihar

Service Code in retiring the petitioner compulsorily. Thus,

petitioner has made out a prima facie case so as to interfere

with the proceedings read with the compulsory retirement order

dated 02.07.2018 (Annexure-10). Accordingly, order dated

02.07.2018 (Annexure-10) is set aside.

6. The concerned respondent is hereby directed to

reinstate petitioner with all monetary benefits, reserving liberty to

the official respondent to initiate inquiry proceedings in the light

of page 43/N dated 06.09.2017 to 58/N dated 08.06.2018 of the

proceedings drawn by official respondent.

7. Petition stands allowed.

(P. B. Bajanthri, J) rakhi/-

AFR/NAFR
CAV DATE
Uploading Date          20.05.2022
Transmission Date