Patna High Court
Bihar State Food And Civil Supplies ... vs Dhrupan Rout on 5 December, 2023
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1391 of 2018
In
Civil Writ Jurisdiction Case No.10974 of 2005
======================================================
1. Bihar State Food and Civil Supplies Corporation Limited, through the
Chairman cum Managing Director, Sone Bhawan Birchandra Paterl Path,
Patna-800001.
2. The Chairman Cum Managing Director, Bihar State Food and Civil Supplies
Corporation Limited, Sone Bhawan, Birchandra Patel Path, Patna-800001.
3. The Chief Administration, Bihar State Food and Civil Supplies Corporation
Limited, Sone Bhawan, Birchandra Patel Path, Patna-800001.
4. The Chief of Finance, Bihar State Food and Civil Supplies Corporation
Limited, Sone Bhawan, Birchandra Patel Path, Patna-800001.
5. The Chief of Finance Cum Conducting Officer, Bihar State Food and Civil
Supplies Corporation Limited, Sone Bhawan, Birchandra Patel Path, Patna-
800001.
6. The Deputy Chief of Procurement Cum Presenting Officer, Bihar State Food
and Civil Supplies Corporation Limited, Sone Bhawan, Birchandra Patel
Path, Patna-800001.
7. The Desk Padhadhikari, Bihar State Food and Civil Supplies Corporation
Limited, Sone Bhawan, Birchandra Patel Path, Patna-800001.
8. Shree Nirmal Kumar Rai, the then District Manager In-Charge, Bihar State
Food and Civil Supplies Corporation Limited, District Officer at Bettiah,
District-West Champaran.
... ... Appellants.
Versus
Dhrupan Rout Son of Late Gurucharan Ram Resident of Village Bathna Naya
Tola, Belbanwan, Police Station Bairia, District Bettiah (West Champaran).
... ... Respondent.
======================================================
Appearance :
For the Appellants : Mr. Shailendra Kumar Singh, Advocate.
For the Respondent : Mr. Pramod Kumar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 05-12-2023
The appellants-Bihar State Food and Civil Supplies
Patna High Court L.P.A No.1391 of 2018 dt.05-12-2023
2/7
Corporation Limited (for short 'Corporation') have assailed the
order of the learned Single Judge dated 22.03.2018 passed in
C.W.J.C. No.10974 of 2005.
2. Respondent Dhrupan Rout, who was working as
a Class-IV employee with the appellants-Corporation, he was
directed to discharge the duties of post of Class-III, while doing
so he was handling certain preparation of bills. He had prepared
certain bills of Class-IV employees and forwarded the same to
the next higher authority and it has reached the head office. The
appellants-Corporation are of the view that whatever the bills
submitted by the respondent in favour of 22 workers are not in
accordance with law, therefore, he was subjected to disciplinary
proceedings and it was concluded in imposition of penalty of
dismissal from service. Dismissal order was subject matter of
C.W.J.C. No.10974 of 2005 decided on 22.03.2018. Learned
Single Judge has taken note of various legal lacunas in the
departmental proceedings. The learned Single Judge has also
taken note of identical matter and in paragraphs-10 and 11, it is
stated as under:
"10. Earlier Jageshwar Chaudhary against
whom also similar proceeding was initiated
by the respondents and order of dismissal
was passed had approached this Court in
Patna High Court L.P.A No.1391 of 2018 dt.05-12-2023
3/7
C.W.J.C. No.23405 of 2012 in which the
original records were called by this Court for
its perusal and in paragraph Nos. 5 and 6 this
Court observed as following:-
"5. In view of categorical stand taken
in the writ application that there was
absolutely no enquiry held by the
enquiry officer and no witnesses were
examined at all, I had directed the
respondents to produce the entire
original records of the disciplinary
proceeding. Those records have been
produced before this court. On
perusal of the records of the
disciplinary proceeding, I find that no
presenting officer was appointed to
prove the charge leveled against the
petitioner. The attendance of the
petitioner on 02.11.2004 is there on
record. Attendance of District
Manager, Bettiah and that of
Assistant Account Officer on
02.11.2004
are also there on record
but no statement of any witness has
been recorded by the conducting
officer/enquiry officer. At page 34 of
the records, I find that the Assistant
Accounts Officer in his own hand
writing has given his statement. It
does not indicate that such statement
was recorded at the instance of the
Enquiry Officer. From the records, it
cannot be said that the said statement
of Assistant Accounts Officer was
within the knowledge of the petitioner,
though such statement of the
Assistant Accounts Officer has been
taken into consideration by the
disciplinary authority. It also appears
that no other witness was examined.
There is nothing on record to show
that even the hand written statement
Patna High Court L.P.A No.1391 of 2018 dt.05-12-2023
of the said Assistant Accounts Officer,
which is available at page 34, was
ever supplied to the petitioner.
Thereafter, second show cause notice
was issued to the petitioner which is
there on record.
6. From the original records, as
indicated above, I find that as a
matter of fact there was absolutely
no enquiry in the name of
disciplinary proceeding held against
the petitioner. Neither any witness
was examined nor any document
exhibited or produced before
conducting officer, in the presence
of the petitioner in support of the
charge. In my view, the entire
proceeding, in the facts and
circumstances of the case, is
vitiated. The report of the enquiry
officer is perfunctory without any
basis or evidence."
11. The L.P.A. No. 1096 of 2014 preferred by
the respondents was dismissed by Division
Bench of this Court on 20.02.2018."
3. In the result, the learned Single Judge has set
aside the order of dismissal and its affirmation by the Reviewing
authority and further directed as under:
"13. In the result, the writ petition is
allowed. The order of Disciplinary
Authority as well as Reviewing Authority
is set aside and the respondents are
directed to pay full salary for the
intervening period from the date of
Patna High Court L.P.A No.1391 of 2018 dt.05-12-2023
dismissal of petitioner till the date of his
superannuation. The petitioner is also
entitled for salary for the period during
which he remained suspended and only
subsistence allowance was paid to him.
14. The petitioner is also entitled for all
post retirement benefits and same should
be sanctioned and paid within three
months from the date of
production/receipt of copy of this order."
4. Feeling aggrieved by the order of the learned
Single Judge, the present L.P.A. is filed by the appellants-
Corporation.
5. Learned counsel for the appellants vehemently
contended that it is a case for remand to the disciplinary
authority if there are any legal lacunas in the disciplinary
proceedings. In support of the aforementioned contention, he
has cited Coordinate Bench decisions in L.P.A. No.1392 of 2018
(Bihar State Food and Civil Supplies Corporation Limited and
others Versus Mahmudul Haque), L.P.A. No.1393 of 2018
(Bihar State Food And Civil Supplies Corporation Limited and
others Versus Amardev Hazra) and L.P.A. No.1096 of 2014 (The
Bihar State Food & Civil Supplied Corporation Limited and
others Versus Jageshwar Choudhary and another).
Patna High Court L.P.A No.1391 of 2018 dt.05-12-2023
6. The cited decisions are distinguishable on the
factual aspects of the matter. In those Judgments, there are
certain financial implications whereas in the present case,
respondent was not involved in any financial implication so as
to cause financial loss to the appellants-Corporation. Moreover,
respondent was a Class-IV employee, he was directed to handle
Class-III post. Assuming that respondent had committed certain
irregularities in forwarding certain bills, in that event it was
bounden duty of the next higher authorities like Class-II and
Class-III officials and so also in the Account Section. There is
no iota of material evidence to the extent that there were any
financial loss caused to the appellants-Corporation. That apart,
Appellants-Corporation have not taken any action against
superior to the respondent-Class-IV employee. Further, we have
noticed that the respondent is already aged about 73 years. At
this belated stage, it is not appropriate to remand the matter to
commence the inquiry from the defective stage. In view of
these facts and circumstances, the appellants-Corporation have
not made out a case so as to interfere with the order of the
learned Single Judge dated 22.03.2018 passed in C.W.J.C.
No.10974 of 2005.
7. Accordingly, the present L.P.A. stands dismissed.
Patna High Court L.P.A No.1391 of 2018 dt.05-12-2023
If the appellants-Corporation have not settled dues of the
respondent in the light of the order of the learned Single Judge,
the same shall be settled within a period of three months from
the date of receipt of this order.
(P. B. Bajanthri, J)
( Ramesh Chand Malviya, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.12.2023.
Transmission Date NA
