Vijoy Prasad Gupta vs The State Of Bihar And Ors
2023 Latest Caselaw 144 Patna

Citation : 2023 Latest Caselaw 144 Patna
Judgement Date : 10 January, 2023

Patna High Court

Vijoy Prasad Gupta vs The State Of Bihar And Ors on 10 January, 2023

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.15069 of 2014
     ======================================================

Vijoy Prasad Gupta son of Late Nand Lal Prasad resident of Village- Sirajabad, P.S. Sakra and District- Muzaffarpur

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

2. The Principal Secretary, Rural Works Department, Government of Bihar, Patna

3. The Deputy Secretary to the Government of Bihar, Rural Works Department, Government of Bihar, Patna

4. The Engineer-in-Chief cum-Additional Commissioner-cum-Special Secretary, Rural Works Department, Bihar, Patna

5. The Chief Engineer-I, Rural Works Department, Government of Bihar, Viswsaraiya Bhawan, Bailey Road, Patna

6. The Executive Engineer, Works Division, Rural Works Department, Bagaha.

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

For the Petitioner/s : Mr. Alok Kumar Sinha, Sr. Advocate Mr. Bhola Kumar, Advocate For the Respondent/s : Mr. Sarvesh Kr. Sinha, AAG-13 Mr. Tej Pratap Singh, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 10-01-2023

Through this writ application, the petitioner has prayed

for following reliefs:-

"A. For issuance of a writ in the nature of certiorari

quashing the order dated 19.09.2013 contained in Annexure - 1

whereby the petitioner has been dismissed from the service.

B. To direct the respondents concerned to reinstate

the petitioner with his back wages."

Patna High Court CWJC No.15069 of 2014 dt.10-01-2023

Learned counsel for the petitioner makes a short

submission to the effect that the order of termination dated

19.09.2013 in respect of petitioner (Annexure 1 to the writ

petition) is a non-speaking order. It does not disclose at all

application of mind as to why the reply to the show cause filed by

the petitioner, in response to the finding of the inquiry officer, was

not acceptable to the disciplinary authority. In terms of Rule 18(iv)

of the Bihar Government Servants (Classification, Control and

Appeal) Rules, 2005 (hereinafter referred to as 'C.C.A. Rules'), it

was mandatory for the disciplinary authority to consider the

representation filed by the petitioner before inflicting order of

punishment.

On the other hand, learned counsel for the State is

unable to dispute the contention made on behalf of the petitioner.

From bare perusal of the impugned order dated

19.09.2013 (Annexure 1 to the writ petition), it is apparent that the

same has been passed without considering the representation filed

by the petitioner. The relevant fact is quoted hereinbelow:-

"...............leh{kksijkUr ik;k x;k fd Jh xqIrk fcuk fdlh lwpuk vkns"k ds LosPNk ls yxkrkj 5 o'kks Za ls vfËkd vofËk rd voS| #i ls dk;kZy; ls vuqifLFkr jgs ftlds fy, os nks'kh gSaA fcgkj lsok lafgrk ds fu;e 76 (d) ([k) ds vkyksd esa ljdkj ds vuqeksnuksijkUr Jh fot; izlkn xqIrk, vuqlsod dks vkns"k fuxZr gksus dh frfFk ls lsok eqDr fd;k tkrk gSA" Patna High Court CWJC No.15069 of 2014 dt.10-01-2023

Apparently, the impugned order is in teeth of law laid

down in the case of Dr. Rabindra Nath Singh Vs. The State of

Bihar and others, reported in 1983 PLJR 92 as also in violation

of Rule 18 (iv) of C.C.A. Rules.

In view of aforesaid facts and circumstances, the

impugned order, contained in Office Order No. 355 dated

19.09.2013, passed by respondent no. 3 is, hereby, set aside and

quashed. The matter is remitted back for its consideration in

accordance with law from the stage of Enquiry.