Surya Bansh Pal vs The State Of Bihar
2025 Latest Caselaw 1653 Patna

Patna High Court

Surya Bansh Pal vs The State Of Bihar on 6 February, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Letters Patent Appeal No.185 of 2024
                                            In
                     Civil Writ Jurisdiction Case No.5949 of 2019
     ======================================================
     Surya Bansh Pal, Son of Late Motilal Pal @ Motilal Resident of Village-
     Darihat, P.S.- Darihat, District- Rohtas
                                                               ... ... Appellant/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 Appellant/s    :      Mr. Rajendra Narayan, Sr. Advocate
                                   Mr. Adesh Raj, Advocate
     For the Respondent/s   :      Mr. Anjani Kumar, AAG-4
                                   Mr. Alok Kumar Rahi, AC to AAG-4
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT
     (Per: HONOURABLE THE ACTING CHIEF JUSTICE)
      Date : 06-02-2025

                       Heard Mr. Rajendra Narayan, the learned

      Senior Advocate for the appellant and Mr. Anjani Kumar,

      the learned Additional Advocate General No. 4 for the

      State.

                     2. The appellant, a contractual employee

      posted as Gramin Awas Sahayak, was terminated vide

      order dated 08.01.2019, the order having been issued by
 Patna High Court L.P.A No.185 of 2024 dt.06-02-2025
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         the Secretary, Department of Rural Development,

         Government of Bihar. Prior to that, vide order dated

         25.04.2017

, the District Magistrate, Rohtas had actually

terminated the appellant for having accepted money from

Indira Awas beneficiaries.

3. It appears from the records that the

appellant was engaged as Gramin Awas Sahayak way

back in the year 2014 but within two years, a complaint

was received in the office of the authorities regarding his

taking money from the beneficiaries. He was put to a

show cause notice to which he had replied but ultimately

his contractual appointment was terminated. He went

before the Appellate Authority, where also he did not

succeed. Thereafter, he came before the High Court. This

Court remanded the matter to the Appellate Authority

again. Thereafter, there was a reconsideration of the

grounds raised in defence of the appellant but the order

of termination was again thought to be fit and so the

same was passed.

Patna High Court L.P.A No.185 of 2024 dt.06-02-2025

4. The learned counsel for the appellant has

submitted that it matters not if an employee is a

contractual employee, but the concept of justice demands

that he be put to the rigors of a thorough departmental

proceeding.

5. The other ground of challenge is that

different punishments were meted out to different Gramin

Awas Sahayaks who were charged with similar offences.

Lastly, it was submitted that when the matter was

remanded, the report of the S.D.O. was not taken into

consideration. These aspects, it was contended, have

been completely ignored by the learned Single Judge

while dismissing the writ petition of the appellant.

6. On behalf of the State, Mr. Anjani Kumar

has drawn the attention of this Court to the fact that the

S.D.O.'s report did not give any clean chit to the

appellant; rather it was confirmed that the appellant had

taken Rs.15,00/- as bribe from one of the Indira Awas

beneficiaries but no sooner did he realise that the Patna High Court L.P.A No.185 of 2024 dt.06-02-2025

information has disseminated to the higher authorities, he

returned the amount.

7. We have also taken into account that with

respect to same charge, an FIR also was lodged against

him but in the said FIR, the appellant has been acquitted.

8. Nonetheless, considering the fact that the

appellant is no holder of a civil post and that he was given

all opportunities at all stages to explain his cause, we do

not find any reason to interfere with the order of the

learned Single Judge.

9. The appeal stands dismissed.

(Ashutosh Kumar, ACJ)

( Partha Sarthy, J)

Saurabh/Rajesh AFR/NAFR CAV DATE Uploading Date 07.02.2025 Transmission Date