Nand Lal Thakur vs The State Of Bihar And Ors
2023 Latest Caselaw 232 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No. 20103 of 2014
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Nand Lal Thakur Son of Late Chalitar Thakur Resident of Village - Chakmajo, P.S. - Saraia, District - Muzaffarpur

... ... Petitioner Versus

1. The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.

2. The Additional Secretary-cum- Director Administration, Department of Home, Government of Bihar, Patna.

3. The Inspector General, Prison and Correctional Services Directorate, Government of Bihar, Patna

4. The Jail Superintendent, District Jail Hajipur, District - Vaishali

... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Jha, Advocate Mr. Bam Bahadur Jha, Advocate For the Respondent/s : Mr.Sc4- Md. Raisul Haque Mr. Krishna Kant Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH C.A.V. JUDGMENT Date : 19-01-2023

This writ application, under Article 226 of the Constitution

of India, has been filed for following reliefs:-

"1. For quashing of order dated 14.07.2014 passed by the

respondent Principal Secretary, communicated to the petitioner,

vide Memo No. 3927 dated 16.7.2014 by the Directorate Prison

and Correctional Services, contained in Annexure - 1, whereby

and whereunder the appeal filed by the petitioner and others has

been rejected.

2. For quashing of order of dismissal from service Patna High Court CWJC No.20103 of 2014 dt.19-01-2023

passed by the respondents/Inspector General, vide Memo no. 1335

dated 12.03.2014 as contained in Annexure - 8.

3. For directing the concerned respondents to reinstate

the petitioner in service and extend him all consequential benefits

thereof."

2. Brief fact, as stated in the writ application, is that the

petitioner was initially appointed on the post of 'Warder' and was

posted in the District Jail, Hajipur. While the petitioner was posted

at Mandal Jail, Hajipur, on 11.11.2011, an under-trial prisoner

namely Mansoor Khan escaped from the jail, for which, an

inquiry was conducted by A.I.G. (Prisons) Bihar, Patna and

according to inquiry report dated 19.11.2011 conducted by him,

petitioner alongwith three others namely Sri Vishwanath Ram, Sri

Jagdish Sharma and Sri Shambhu Nath Das were found prima

facie to be responsible for the said lapses and accordingly, a

departmental inquiry was recommended against these four

persons. Thereafter, vide order dated 21.06.2012, the conducting

officer and presenting officer were appointed. The conducting

officer submitted his report dated 07.01.2013 to the respondent no.

3/Inspector General stating therein that charges against the

petitioner, Vishwa Nath Ram and Shambhu Nath Das were

proved, while the charge was not proved against Jagdish Sharma Patna High Court CWJC No.20103 of 2014 dt.19-01-2023

and he was exonerated from the departmental proceeding.

3. Thereafter, 2nd show cause notice dated 05.03.2013 was

issued by the concerned respondent to the petitioner and other two

persons alongwith inquiry report dated 07.01.2013 and petitioner

filed reply to the 2nd show cause pointing out several irregularities

and discrepancies in the inquiry report, but the same was not

considered by the disciplinary authority and the Inspector General

issued order of dismissal from service to the petitioner and other

two persons, vide Memo No. 1335 dated 12.03.2014 (Annexure -

8), which was confirmed by the Appellate Authority, vide order

dated14.07.2014 (Annexure - 1). Both orders are under-challenge.

4. Learned counsel for the petitioner submits that none of

the points, raised by the petitioner, has been considered by the

Appellant Authority and in a mechanical manner, without

following the due procedure prescribed under Rule 17 & 18 of

the Bihar Government Servants (Classification, Control and

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

2005"), he confirmed the order of dismissal.

5. Learned counsel for the petitioner further submits that

besides petitioner, two other persons namely Shambhu Nath Das

and Vishwa Nath Ram were also dismissed from the service by

the same impugned orders and against the order of appellant Patna High Court CWJC No.20103 of 2014 dt.19-01-2023

authority, one of the delinquent namely Shambhu Nath Dah filed

a writ application before this Court, vide C.W.J.C. No. 12103 of

2014, which was considered by a coordinate Bench of this Court

and vide judgment / order dated 08.05.2019, the writ application

was allowed and order dated 12.03.2014 passed by Inspector

General, Prison and Reforms Service, Government of Bihar,

Patna (respondent no. 3) and order dated 14.07.2014 passed by

the Appellant Authority / Principal Secretary, Department of

Home, Govt. of Bihar were set-aside and the respondent authority

was directed to grant all post retiral dues to the petitioner

(Shambhu Nath Das) from the date of his retirement. Learned

counsel for the petitioner submits that the case of petitioner is

exactly similar to the case of said Shambhu Nath Das and as

such, similar order may be passed in favour of petitioner also.

6. Learned counsel for the respondents, in reply however,

submits that after following all the procedure laid down under the

C.C.A. Rules, 2005, order of punishment and order of affirmation

in appeal have been passed. However, in reply to the second

contention of the petitioner that the case of the petitioner is

similar to the case of Shambhu Nath Das, whose termination

order has been held to be bad in law by this Court, vide order /

judgment dated 08.05.2019 in C.W.J.C. No. 12103 of 2014, Patna High Court CWJC No.20103 of 2014 dt.19-01-2023

learned counsel for the respondent/State does not dispute the

aforesaid contention.

7. In this case also, petitioner has questioned the

impugned order of punishment on the following three grounds:

(i) Firstly, the Disciplinary Authority has not

considered or had granted any opportunity to the

delinquent to file written statement either denying or

admitting the charges. In support of the same, he has

placed reliance on a decision of this Court in the case of

Rama Shankar Choudhary vs. State of Bihar, reported

in 2018 (1) PLJR 91 and thus, the order of dismissal is in

violation of provisions contained in Rule 17(3) and 17(4)

of the C.C.A. Rules, 2005.

(ii) Secondly, the Enquiry Officer has held the

charges to be proved on the basis of (a) enquiry report of

A.I.G.(Prison), (b) enquiry report of Jailor dated

12.11.2011, (c) statement of escaped under-trial prisoner,

(d) U.T. Register dated 11.11.2011, and (e) statement of

charge-sheeted employees. However, copies of said

documents were never proved before the Enquiry Officer

nor the same was supplied to the petitioner.

(iii) Lastly, he submits that the Enquiry Officer Patna High Court CWJC No.20103 of 2014 dt.19-01-2023

has held the petitioner guilty of charges on the basis of

preliminary enquiry dated 19.11.2011 conducted by

A.I.G. (Prisons) in which petitioner was prima facie

found to be guilty of the conduct, but the said enquiry

report was never served to the delinquent and without

serving copy of the preliminary enquiry report, the

disciplinary authority, placing reliance upon the same,

has found the petitioner guilty, which is in complete

violation of the law laid down by this Court in the case of

Hari Sharan Thakur vs. State of Bihar & Ors.,

reported in 2008 (2) PLJR 49.

8. Having heard learned counsel for the parties and on

careful consideration of the materials available on record, this

Court finds merit in the writ application and is of the opinion that

petitioner's case is squarely covered by the case of Shambhu

Nath Das (supra) and as such, petitioner is entitled for the same

reliefs.

9. In view of aforesaid facts and circumstances as also

law laid down by this Court in the afore-referred cases, the order

dated 12.03.2014 passed by Inspector General Prison and

Reforms Service, Government of Bihar, Patna (Annexure - 8) and Patna High Court CWJC No.20103 of 2014 dt.19-01-2023

order dated 14.07.2014 passed by the Appellate Authority i.e.

Principal Secretary, Department of Home, Govt. of Bihar,

communicated, vide Memo No. 3927 dated 16.7.2014 (Annexure

- 1) are accordingly set aside with all consequential benefits.

10. Needless to say, the respondents shall be at liberty

to initiate a fresh proceeding against the petitioner in accordance

with law, if so advised.

11. With above observation and direction, the writ

petition stands allowed.

                                                              (Prabhat Kumar Singh, J)

Anay
AFR/NAFR              NAFR
CAV DATE              12.01.2023
Uploading Date        19.01.2023
Transmission Date     N/A