Patna High Court
Raj Kishore Upadhayay vs The State Of Bihar on 28 March, 2024
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.596 of 2022
======================================================
Raj Kishore Upadhayay son of Late Jai Mangal Upadhayay at present
residing at Koiriya Tola, P.S.- Raxaul Town, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Bihar, Patna.
2. The Director (Secondary Education), Bihar, Patna.
3. The Joint Director (Secondary Education), Bihar, Patna.
4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.
5. The District Education Officer, East Champaran, Motihari.
6. The District Programme Officer (Sec. Edn.), East Champaran.
7. The Headmaster, Hazarimal High School, Raxaul, East Champaran,
Motihari.
8. The Treasury Officer, East Champaran, Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lal Mani Sharma, Adv.
For the Respondent/s : Mr. Kameshwar Kumar, G.P. 17
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
Date : 28-03-2024
Heard learned counsel for the petitioner and learned
counsel for the respondents-State.
2. This writ petition has been filed for the following
reliefs:
(I) For issuance of an appropriate writ
for quashing of the order contained in
Memo No. 2421 dated 10.12.2021
(Annexure-17) passed by the Director
(Secondary Education), Bihar Patna the
respondent no. 2 by which by way of
punishment for a period of not more than
Patna High Court CWJC No.596 of 2022 dt.28-03-2024
2/3
three years, without cumulative effect the
petitioner has been demoted to lower stage
in the time scale.
(ii) For issuance of an appropriate writ,
order or direction directing and
commanding the respondents to give the
petitioner all consequential benefits after
quashing of the aforesaid order contained
in Memo No. 2421 dated
10.12.2021
(Annexure-17).
(iii) For issuance of an appropriate writ
restraining the petitioner from taking any
coercive action against the petitioner.
(iv) For any other relief/reliefs of which
the petitioner is legally entitled to.
3. Learned counsel for the petitioner submits that
during the service period, a departmental proceeding was
initiated against the petitioner. He submits that in the proceeding
the petitioner was found guilty and was demoted to lower stage
in the time scale. He further submits that in course of enquiry
neither any evidence was produced nor any witness was
examined to prove the charges against the petitioner. He lastly
submits that on earlier occasion, copy of the enquiry report was
served upon the petitioner.
4. Leaned counsel for the State is not in a position to
explain that under what circumstances enquiry report has not
Patna High Court CWJC No.596 of 2022 dt.28-03-2024
been served upon the petitioner.
5. Considering the facts and circumstances of the case
and the submissions made on behalf of the parties, I am of the
opinion that before punishment of the petitioner, enquiry report
must be served upon him.
6. In view of the facts and circumstances of the case,
the order dated 10.12.2021 passed by the Director (Secondary
Education), Bihar, Patna is set aside and this writ application is
allowed with all consequential benefits which is admissible to
the petitioner in accordance with law.
(Anjani Kumar Sharan, J)
devendra/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.04.2024
Transmission Date NA
