Patna High Court
Satish Kumar vs The State Of Bihar on 10 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.676 of 2023
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Satish Kumar Son of Saryu Prasad, Resident of Mohalla - Morarpur Devi
Asthan, Post - GPO Gaya, P.S. - Kotwali, District - Gaya, PIN - 823001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Government of Bihar, Patna.
2. Director-in-Chief, Disease Control, Public Health Paramedical Health
Service, Bihar, Patna.
3. Accountant General Bihar, Veerchand Patel Road, Bihar - 800001.
4. Civil Surgeon-cum-Chief Medical Officer, Gaya.
5. Additional Chief Medical Officer (Leprosy)-cum-Drawing and Disbursing
Officer, Gaya.
6. Deputy Superintendent, Jay Prakash Narayan Hospital, Gaya.
7. Senior Treasury Officer, Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Gyanand Roy, Advocate.
For the Respondent/s : Mr.Binod Kumar Yadav, SC-18.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 10-08-2023
Heard Mr. Gyanand Roy, learned counsel appearing
on behalf of the petitioner and Mr. Binod Kumar Yadav, learned
SC-18 for the State.
2. The writ petition under consideration has been
filed for the following reliefs:
i. For quashing Memo No. 1052 dated 30.11.2021 issued
under the signature of the Director-in-Chief, Health Services,
Bihar, Patna (as contained in Annexure P/1), Respondent
No.-2, by which departmental proceeding under Rule 43(b)
of the Bihar Pension Rules was wrongly initiated against the
petitioner in violation of the provisions of said Rule.
ii. For commanding the respondents to immediately make
payment to the petitioner the commuted value of pension
Patna High Court CWJC No.676 of 2023 dt.10-08-2023
amount of Rs.12,83,078/- and to make payment of reduced
amount of monthly pension at the rate of Rs.20,400/- per
month w.e.f. 29th of October, 2022, in accordance with the
authority letter of the Accountant General, Bihar.
iii. For any other relief of reliefs for which the petitioner is
found to be entitled in the facts and circumstances of the
present case.
3. After passing of the order dated 18.05.2023 by
this Court, the respondents have proceeded to pass penalty order
as contained in Annexure-P/8 and the petitioner has challenged
the same by filing interlocutory application for amending the
relief as prayed for in the main writ petition. The I.A. was
allowed vide order dated 18.05.2023. The petitioner is aggrieved
by vindictive action taken by the Director-in-Chief, Health
Service, Bihar against him who had issued following charges
against him:
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1. vkids fo:) vkjksi gS fd vki yEcs le; ¼ekpZ
2018 ls fnlEcj 2018 rd½ vius drZO; ls
vuqifLFkr jgsa rFkk lk{; feVkus ds fy, mifLFkfr
iath xk;c dj fn,A bl laca/k esa vkids fo:)
x;k dksrokyh dkaM la[;k& 435@2018 ntZ fd;k
x;k A
2. vkids }kjk ftyk Hkfo'; fuf/k inkf/kdkjh] x;k ls
lkekU; Hkfo'; fuf/k ys[kk la[;k&790 dk izkf/kdkj
i= Lo;a~e izkIr fd;k x;k fdUrq mls dk;kZy; esa
tek ugha djk;k x;k vkSj Hkqxrku ds fy, ncko
cukus dk iz;kl fd;k x;kA
3. vki ekpZ 2018 ls fnlEcj 2018 rd dh vof/k
dk osru Hkqxrku djkus ds fy, dk;kZy; ij
vdkj.k ncko cukrs gSa] vuq"kklughurk dk izn"kZu
djrs gSa rFkk mPp vf/kdkfj;ksa ,oa lsok f"kdk;r
fuokj.k inkf/kdkjh vkfn ds le{k f"kdk;r i=
lefiZr djrs gS] tcfd cdk;k osru ,oa Hkfo';
fuf/k dk Hkqxrku ugha gks ikus dk dkj.k vki Lo;a
Patna High Court CWJC No.676 of 2023 dt.10-08-2023
gSA**
4. On the basis of said charges, the petitioner was
required to file a show cause. The same was filed by the
petitioner on 22.04.2022 (Annexure P/5) and the Director-in-
Chief, Health Services, Bihar has enforced penalty and on the
principle of no work no wages, the petitioner has been denied
payment for the period from March 2018 to December 2018. It
has also been taken into consideration that an F.I.R. was lodged
against the petitioner being Kotwali P.S. Case No. 435 of 2018 in
which allegation has been made against the petitioner that he had
stolen the Attendance Register. The criminal case is still pending.
It appears from the penalty order that the petitioner was not
afforded opportunity of personal hearing before passing such
order even considering the fact that the allegations which have
been made in the charge memo as contained in Annexure-P/1 do
not constitute any grievous charges for which the petitioner has
been penalized on the basis of frivolous F.I.R. This Court is of
the opinion that the petitioner was required to be given minimum
opportunity of hearing and also finds that for extraneous reason,
the disciplinary authority has proceeded to impose penalty
against him which is not in accordance with law.
5. Considering the material available on record as
Patna High Court CWJC No.676 of 2023 dt.10-08-2023
well as the fact that the petitioner had not misappropriated,
embezzled or caused any financial loss as it would appear from
the charge memo itself that the petitioner for expediting payment
of G.P.F. amount he has himself produced sanction letter at his
own that according to this Court cannot entail any disciplinary
action in accordance with Rule 43(b) of the Bihar Pension Rules.
Petitioner had retired on 31.12.2018 and vindictive action has
been taken by the Director-in-Chief on 30.11.2021 by issuing
charge memo against the petitioner. The manner in which the
authorities have proceeded against the petitioner is not only
perverse but also against the settled principle of law that in
absence of any charge, no disciplinary action can be taken
against a retired employee on frivolous ground. The penalty
order contained in Memo No. 36 dated 10.01.2023 is hereby set
aside and quashed. The authorities are directed to release all the
retiral benefits as claimed in the present writ petition in
accordance with law.
6. It is made clear that Rule 43(b) of the Bihar
Pension Rules is not applicable in the case of the petitioner as
insertion of Sub-Rule 43(d) was brought in Bihar Pension Rules
on 21.01.2019 and the petitioner had retired in the year 2018 and
in this regard this Court has already clarified in the case of Dr.
Patna High Court CWJC No.676 of 2023 dt.10-08-2023
Aquil Ahmad Vs. The State of Bihar & Ors. vide order dated
01.10.2022 passed in C.W.J.C. No. 11974 of 2019.
7. The writ application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 16.08.2023
Transmission Date N.A.
