Vijoy Kumar vs The State Of Bihar
2022 Latest Caselaw 2976 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6624 of 2022
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Vijoy Kumar, son of Late Sita Ram Kumar, Resident of village-Itwa, P.O.- Dumri, P.S.-Singhaul, District-Begusarai.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Health, Govt. of Bihar, Patna.

2. The Special Secretary, Department of Health, Govt. of Bihar, Patna.

3. The Joint Secretary, Department of Health, Govt. of Bihar, Patna.

4. Sri Shankar Prasad, the Officer on Special Duty, Department of Health, Govt. of Bihar, Patna.

5. The District Magistrate, Bhagalpur.

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

For the Petitioner/s : Mr. Nikesh Kumar, Advocate Kamal Nayan Choubey, Sr. Advocate For the Respondent/s : Mr. Binod Kumar Yadav, SC 18 Mr. Aditya Nath Jha, AC to SC 18

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 19-05-2022

Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"(i) For issuance of a writ in the nature of

certiorari quashing the punishment order as contained

in Memo No. 315 (9) dated 27.6.2021 (Annexure - 11)

passed against the petitioner without conducting proper

departmental proceeding by the Conducting Officer as

appointed by Memo No. 1012 (9) dated 21.09.2017 as Patna High Court CWJC No.6624 of 2022 dt.19-05-2022

postulated in the service Rules as the compliance of

Rule 17 of the CCA Rules has not been complied with,

and by virtue of the aforesaid punishment order dated

27.6.2021 against the rule of natural justice the

respondents have inflicted punishment of withholding

his entire gratuity and entire payable pension in the

guise of Rule 43(B) of Bihar Pension Rules 1950.

(ii) For issuance of a writ in the nature of

mandamus directing the Respondent No. 1 to consider

and passed appropriate order of the appeal filed by the

petitioner on 19.08.2021 (as contained in Annexure 12)

which has been sent to Respondent No. 1 by speed

post on 23.08.2021 annexing all relevant material

submitted therein that the punishment order dated

26.7.2021 (the impugned order) by which entire

gratuity and entire pension of the petitioner has been

forfeited without following Rule 17 of the Bihar CCA

Rules and more over the petitioner has been punished

for that offence which he has never done and also the

petitioner has not been afforded reasonable opportunity

to take part in the departmental proceeding before the

conducting officer as no evidence has ever been

adduced in the proceeding by the Presenting Officer.

(iii) For issuance of appropriate writ or

order in the peculiar facts and circumstances of the

present case to which the writ petitioner may be found Patna High Court CWJC No.6624 of 2022 dt.19-05-2022

entitled by this Hon'ble Court including all pecuniary

loss suffered by the petitioner due to the operative of

the aforesaid impugned orders dated 27.6.2021."

3. Petitioner was subjected to disciplinary proceedings

and it was concluded in imposition of penalty on 27.06.2021.

Feeling aggrieved and dissatisfied with order of penalty, petitioner

preferred appeal before the appellate authority on 19.08.2021 and

it is pending consideration before the appellate authority.

Therefore, the appellate authority is hereby directed to decide the

petitioner's appeal dated 19.08.2021 within a period of four

months from the date of receipt of this order.

(P. B. Bajanthri, J) GAURAV S./-

AFR/NAFR
CAV DATE
Uploading Date          20.05.2022
Transmission Date