Patna High Court
Roop Ranjan Hargave vs The State Of Bihar And Ors on 9 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4956 of 2017
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Roop Ranjan Hargave Son of Late Digvijay Hargave, resident of Vasant
Vihar, Hirak Ring Road, P.O.- Koylanagar, P.S.- Saraidhela, District-
Dhanbad, Jharkhand, presently residing at Quarter No. C2/C.A.B., Board
Colony, P.O. and P.S.- Shashtri Nagar, Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Home Department, Govt. of Bihar, Patna.
3. The Special Secretary, Home Police Department, Govt. of Bihar, Patna.
4. The Deputy Secretary, Home Police Department, Govt. of Bihar, Patna.
5. The Director General of Police, Bihar, Patna.
6. The Additional Director General of Police, C.I.D., Bihar, Patna.
7. The Deputy Inspector General of Police, Bhagalpur.
8. The Senior Superintendent of Police, Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Y.V. Giri, Sr. Advocate
Mr.Rohit Kumar Advocate
Mr. Manish Kumar No.-13, Advocate
Ms.Priti Kumari, Advocate
For the BPSC : Mr.Sanjay Pandey, Advocate
Mr.Nishant Kumar Jha, Advocate
For the Respondent/s : Mr.Prabhat Kr. Verma-AAG-3
Mr.Saroj Kumar Sharma, AC to AAG-3
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
Date : 09-02-2023
This writ application has been filed for following
reliefs:-
(i) for issuance of writ in the nature of certiorari
for quashing of Memo No. 9446 dated
02.12.2016 issued by the Deputy Secretary,
Home (Police) Department, Bihar, Patna
whereby the petitioner has been awarded with
the punishment of withholding of three
increments with cumulative effect.
Patna High Court CWJC No.4956 of 2017 dt.09-02-2023
(ii) for issuance of writ in the nature of
certiorari for quashing of the Enquiry Report
dated 25.07.2014 prepared by the Conducting
Officer-cum-Additional Director General of
Police, Crime Investigation Department, Bihar,
Patna whereby the charges have been proved
against the petitioner in an arbitrary manner
without examination of the facts and issues
raised by the petitioner.
(iii) for issuance of writ in the nature of
certiorari for quashing of Memo No. 843 dated
06.02.2013 issued by the Special Secretary,
Home (Police) Department, Bihar, Patna
whereby the memo of charge has been framed
against the petitioner.
(iv) for holding that the petitioner has been
wrongly awarded with the punishment, while
there was nothing in the conduct of the
petitioner warranting punishment.
(v) for any other relief which this court may
deem fit and proper.
IA No. 01 of 2021
During pendency of this case IA No. 01 of 2021
has been filed for amendment in the prayer of writ petition
whereby petitioner sought quashing of Memo No. M-70-14/2012
Gri.Aa. 2522/Patna dated 27.03.2017 issued by the Deputy Secretary,
Home (Police) Department, Bihar, Patna (Annexure-17) whereby and
whereunder the Memorial (Appeal) filed by the petitioner was
Patna High Court CWJC No.4956 of 2017 dt.09-02-2023
dismissed.
In view of aforesaid fact, the IA No. 01 of 2021
stands allowed.
The brief facts of this case are that while the
petitioner was posted as Deputy Superintendent of Police
Bhagalpur (Town) he was subjected to departmental proceeding
by issuing the memo of charge as contained in Annexure-9
dated 06.02.2013 which culminated into the order of
punishment of withholding of three increments with cumulative
effect.
Amongst the several grounds raised on behalf of
petitioner to challenge the impugned order as well as appellate
order, one of the grounds raised by petitioner is to the effect that
impugned order has been passed without considering the reply
to the show-caused filed by the petitioner. He further submits
that order is non-speaking, mechanical and bereft of reasons. He
next submits that impugned order is not in consonance with
Rule 18 of the Bihar Government Servants (Classification
Control and Appeal) Rules, 2005.
On the other hand in the counter affidavit filed on
behalf of respondents he made averments that order of
punishment has been passed after following the due process of
law and taking into account the entire materials including the
Patna High Court CWJC No.4956 of 2017 dt.09-02-2023
show-cause filed by the petitioner. He further submits that reply
of the petitioner has been duly considered and it was found that
reply of the petitioner was unsatisfactory and as such, the writ
petition is devoid of merit and is fit to be quashed.
From perusal of the impugned order it appears that
the disciplinary authority has found the reply to the show-cause
filed by the petitioner unsatisfactory, but no reason has been
assigned as to why the reply filed by the petitioner was found
unsatisfactory. In the present case no reason has been disclosed
while inflicting punishment as to why and on what grounds the
facts mentioned by the petitioner in his representation were
rejected. It is mandatory for disciplinary authority to deal with
the explanation filed by the delinquent.
Considering the rival submission of the parties and
materials available on record, order dated 02.12.2016 bearing
Memo no. 9446 issued by the Deputy Secretary, Home (Police)
Department, Bihar Patna, enquiry report dated 25.07.2014
prepared by the conducting officer-cum-Additional Director
General of Police, Crime Investigation Department, Bihar,
Patna, memo no. 843 dated 06.02.2013 issued by the Special
Secretary, Home (Police) Department, Bihar, Patna whereby the
memo of charge has been framed against the petitioner are
Patna High Court CWJC No.4956 of 2017 dt.09-02-2023
hereby quashed with all consequential benefits.
Needless to say, the respondents shall be at liberty
to proceed against the petitioner from the stage of second show-
cause, if so advised.
Accordingly, this writ application stands allowed.
(Prabhat Kumar Singh, J)
vinita/-
AFR/NAFR
CAV DATE
Uploading Date 15.02.2023
Transmission Date 15.02.2023
