Patna High Court
Surya Bansh Pal vs The State Of Bihar And Ors on 30 January, 2024
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5949 of 2019
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Surya Bansh Pal, Son of Motilal @ Motilal Pal Resident of Village-Darihat,
P.S.-Darihat, District- Rohtas.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Rural
Development, Government of Bihar, Patna.
2. The Principal Secretary, Department of Rural Development, Government of
Bihar, Patna.
3. The District Magistrate, Rohtas.
4. The Deputy Development Commissioner, District-Rohtas.
5. The Sub-Divisional Officer, Dehri-on-Sone, District-Rohtas.
6. The Block Development Officer, Akodhi Gola, District-Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Adv
Mr. Sunil Kumar Dubey, Adv.
For the State : Mr. Sriram Krishna (AC to SC-11)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 30-01-2024
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for setting
aside the order dated 08.01.2019 annexed as Annexure-13
issued under the signature of Secretary, Department of Rural
Development, Government of Bihar, Patna (respondent no.2) as
well as order dated 25.04.2017 annexed as Annexure-10 issued
by the District Magistrate, Rohtas (respondent no.3) by which
the services of the petitioner as Gramin Awas Sahayak was
terminated and affirmed.
Patna High Court CWJC No.5949 of 2019 dt.30-01-2024
2/6
3. Learned counsel for the petitioner submits that vide
the said order dated 25.04.2017, the petitioner was terminated
without considering the defence of the petitioner properly.
Counsel also submits that the petitioner was appointed on the
post of Gramin Awas Sahayak in Akodhi Gola Anchal, District-
Rohtas (Bihar) on contractual basis under the scheme of Indira
Awas on 01.12.2014. Counsel further submits that on the basis
of the said advertisement, he was started working after selection
vide letter no.741 dated 25.02.2014 annexed as Annexure-2.
Counsel submits that the petitioner joined on the said post and
started discharging duty of Indira Awas Sahayak in Akodhi Gola
Block on the payment of Rs. 15,000/- per month.
4. Learned counsel for the petitioner submits that vide
Memo No. 484 dated 05.03.2016 annexed as Annexure-6, he
was dismissed from the service on the basis of complaint
followed by explanation filed by him. The petitioner filed
representation against his dismissal that violation of natural
justice has been made and thereafter, a criminal case was also
filed against him bearing Nasriganj P.S. Case No. 36/2016 dated
20.02.2016
annexed as Annexure-8. Counsel further submits
that against his order of dismissal, the petitioner preferred
appeal and subsequently, preferred writ petition in which vide
order dated 05.03.2016 in Civil Writ Jurisdiction Case No. 8210
Patna High Court CWJC No.5949 of 2019 dt.30-01-2024
of 2016, the petitioner was directed to appear before the
Appellate Authority and his matter was remitted back. The
Secretary Department of Rural Development, Government of
Bihar, Patna in the light of the observations passed in writ
petition has passed final order in which he confirmed the earlier
order of dismissal of the petitioner from the post of Gramin
Awas Sahayak vide order dated 25.04.2017. Counsel also
submits that after the said order passed on 08.01.2019 which is
under challenge, the order of acquittal dated 17.02.2020 has
been passed in the criminal case which is annexed as Annexure-
15.
5. Learned counsel for the petitioner further submits
that the punishment order may be directed to be reviewed as in
the said criminal case, the petitioner has been acquitted. In
support of his argument, counsel relied on a judgment of Mukti
Nath Rai Vs. The Punjab National Bank through the
Chairman-cum-Managing Director & Ors. reported in 2023(1)
PLJR 824. Counsel relied on the observations made in
paragraph no.7 of the said judgment that:-
"under what circumstances acquittal in a
criminal case is bearing in a departmental
proceedings."
6. Learned counsel for the State on the other hand
Patna High Court CWJC No.5949 of 2019 dt.30-01-2024
submits that the petitioner is a contractual employee and not a
regular employee whereas, the said case on which the petitioner
is relying is basically a case of regular employee and case of the
petitioner cannot be equated with the said case.
7. In the light of the submissions made, it transpires to
this Court that the petitioner has earlier moved before this
Hon'ble Court in Civil Writ Jurisdiction Case No. 8210 of 2016
challenging the termination order of the petitioner issued vide
Memo No. 484 dated 05.03.2016 before the Appellate Authority
and the Appellate Authority, namely, Principal Secretary,
Department of Rural Development, Government of Bihar, Patna
has set aside the order vide order dated 02.08.2016 and after
allowing the same, the matter was remanded back. After
remand, the District Magistrate, Rohtas in Case No. 3/2016 vide
order dated 25.04.2017 has reiterated the earlier order dated
05.03.2016, thereby the petitioner having been terminated from
discharging the duty of Indira Awas Assistant and which has
been challenged by the petitioner before the Appellate Authority.
8. This Hon'ble Court has directed the Appellate
Authority to examine the case of the petitioner and decide the
same by a reasoned order in accordance with law within a
period of 3 months from the date of receipt/production of a copy
of the order. It has also been observed that the Court is not
Patna High Court CWJC No.5949 of 2019 dt.30-01-2024
giving any opinion on the merit of the case. Thereafter, the
petitioner has moved before the Appellate Authority and the
Appellate Authority vide order dated 08.01.2019 passed a
reasoned and speaking order. In the said reasoned and speaking
order, it has been passed that:-
"कागजातो के अवलोकन एवं दोनो पको को
सु नने से सपषट होता है कक इं कदरा आवास योजना के
अनतगरत लाभ दे ने हे तु Jh सूयरवंश पाल दारा लाभु क
अं जु दे वी से 1500/-र० कलया गया, कजसकी जानकारी
ू रे कदन Jh पाल ने वापस कर
iz"kklu को izkIr होने पर दस
कदया। इं कदरा आवास योजना अनतगरत लाभ दे ने के कलए
लाभु क से पै से का ले न-दे न लोक से वक के आचरण के
कवपरीत है । अनु बंध रद करने सं बंधी आदे श कदनांक
25.07.2017 के अवलोकन से यह भी सपषट होता है कक
कजला पदाकधकारी, रोहतास (सासाराम) दारा आरोकपत
Jh पाल को अपना पक रखने हे तु अवसर दे ते हुए iz[kaM
कवकास पदाकधकारी, अकोढी गोला की अनु शंसा तथा
उप कवकास आयु कत, रोहतास से izkIr मं तवय के आलोक
मे सु नवाई के पशचात यु ककतयु कत आदे श पाकरत ककया
गया है ।
अतः उपरोकत तथयो के आलोक मे Jh
सूयरवंश पाल का यह अपील आवे दन असवीकृत ककया
जाता है ।
इस आदे श की izfr सभी सं बंकधतो को भे जी
जाए।"
9. Learned counsel for the petitioner further submits
that it is true that after passing the said order, the order of
Patna High Court CWJC No.5949 of 2019 dt.30-01-2024
acquittal dated 17.02.2020 has been passed in which the
petitioner has been exonerated from the charge made in the FIR.
10. It transpires from the judgment of Mukti Nath
Rai Vs. The Punjab National Bank through its Chairman-
cum-Managing Director & Ors. reported in 2023(1) PLJR 824,
that the said judgment shall not help the petitioner due to the
reason that for the same charge, different delinquents have been
punished differently. It was the observation of the Hon'ble
Division Bench firstly and then on the ground mentioned in
paragraph no.7 of the aforesaid judgment, the Hon'ble Court has
dismissed, this case.
11. It transpires to this Court clearly that the petitioner
is not the regular employee rather, he is a contractual employee
and the principles of regular employee cannot applied in case of
the contractual employee.
12. In this view of the matter, this Court is of the
opinion that there is no case of the petitioner and hence, this
writ petition is hereby dismissed.
(Dr. Anshuman, J.)
Divyansh/-
AFR/NAFR
CAV DATE
Uploading Date 02/02/2024
Transmission Date
