Patna High Court
The State Of Bihar vs Sudhir Kumar Sinha on 12 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.61 of 2022
In
Civil Writ Jurisdiction Case No.3824 of 2021
======================================================
1. The State of Bihar.
2. The Principal Secretary, Department of Water Resources, Bihar, Patna.
3. The Deputy Secretary (Management Cell), Department of Water Resources,
Bihar, Patna.
... ... Appellants.
Versus
1. Sudhir Kumar Sinha, Son of Late Chhatradhari Prasad Singh, Resident of
A/8, Ashokpuri Colony, Kajpura Baily Road, P.S. Shastri Nagar, District-
Patna.
2. The Accountant General (A and E), Bihar, Patna.
... ... Respondents.
======================================================
Appearance :
For the Appellants : Mr. Vivek Prasad, GP-7.
Mr. Binod Kumar Sinha, AC to GP-17.
For the Respondent no.1 : Mr. Prabhu Nath Pathak, Advocate.
For AG : Mr. Bindhyachal Rai, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 12-02-2025
Appellants-State have assailed the order of the learned
Single Judge dated 01.11.2021 passed in C.W.J.C. No.3824 of
2021.
2. Respondent no.1-Sudhir Kumar Sinha, while he was
working as an Executive Engineer, he was entrusted with certain
assignment insofar as deduction of TDS of certain employees,
who were working under him. Thereafter, it was required to be
Patna High Court L.P.A No.61 of 2022 dt.12-02-2025
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remitted in the Department, the same was not undertaken by
him, resultantly, Income Tax Department imposed a fine of
Rs.11,13,571/- in the year 2018. In this backdrop, appellants
have proceeded to impose the penalty of withholding of 10%
pension and 10% gratuity. The aforementioned action in respect
of withholding of 10% pension and 10% gratuity is in the
absence of holding a departmental inquiry.
3. No doubt, Respondent no.1-Sudhir Kumar Sinha had
attained the age of superannuation and retired from service on
31.03.2018
, with reference to allegation that he failed to remit
deducted arrears amount and resulted in imposition of fine of
Rs.11,13,571/- by the Income Tax Department, the Disciplinary
Authority should have initiated a disciplinary proceedings even
after retirement. On the other hand, there was an inaction in
not initiating disciplinary proceedings and straight away
Disciplinary Authority proceeded to impose aforementioned
penalty. The penalties were the subject matter of C.W.J.C.
No.3824 of 2021. Learned Single Judge has allowed C.W.J.C.
No.3824 of 2021 on 01.11.2021. Hence, the present L.P.A.
4. It is shocking in filing this type of L.P.A. on behalf
of the State. In all fairness, after disposal of C.W.J.C. No.3824
of 2021, they should have filed a review before the learned
Patna High Court L.P.A No.61 of 2022 dt.12-02-2025
Single Judge in seeking permission to initiate and complete the
inquiry proceedings, in accordance with law. On the other hand,
they slept over the matter and preferred to file the present L.P.A.
No.61 of 2022 in the year 2022. In the present L.P.A. No.61 of
2022, they should have sought for an interim order and there is
no interim order. Due to inaction on the part of the Disciplinary
Authority, the respondent no.1-Sudhir Kumar Sinha cannot be
subjected to disciplinary proceedings in view of the specific
provision under Bihar Pension Rules to the extent that if the
alleged allegation relates back to four years old, in such
circumstances, departmental inquiry is not warranted.
5. In view of these facts and circumstances, there are
serious lapses on the part of the Disciplinary Authority and other
officers who are all involved insofar as imposition of penalty
read with the filing of the present L.P.A., resulted in financial
loss to the State exchequer to the tune of Rs.11,13,571/-.
6. Accordingly, the appellants-State have not made out
a case. The present L.P.A. stands dismissed.
7. The Chief Secretary, State of Bihar, Patna, is hereby
directed to take note of the present case and initiate appropriate
disciplinary proceedings against such of those erring officers,
who have not taken timely action against the respondent no.1-
Patna High Court L.P.A No.61 of 2022 dt.12-02-2025
Sudhir Kumar Sinha, if such officers are in service read with the
Bihar Pension Rules. The same shall be reported to this Court
after six months.
8. Re-list this matter after six months.
9. Copy of this order shall be forwarded to the Chief
Secretary for taking appropriate action in the matter.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.02.2025.
Transmission Date NA
