Patna High Court
The State Of Bihar vs Kamal Kishore Sharma on 21 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.15 of 2021
In
Civil Writ Jurisdiction Case No.14001 of 2013
======================================================
1. The State of Bihar through the Secretary, Public Health Engineering
Department, Government of Bihar, Bishwasaraiya Bhawan, Bailey Road,
Patna.
2. The Secretary Public Health Engineering Department, Government of Bihar,
Bishwasaraiya Bhawan, Bailey Road, Patna.
3. The Joint Secretary Public Health Engineering Department, Government of
Bihar, Bishwasaraiya Bhawan, Bailey Road, Patna.
4. The Dy. Secretary, P.H.E.D., Government of Bihar, Bishwasaraiya Bhawan,
Bailey Road, Patna
5. The Chief Engineer (Urban) P.H.E.D., Government of Bihar, Bishwasaraiya
Bhawan, Bailey Road, Patna
6. The Additional Commissioner Departmental Inquiries, Bihar, Patna.
... ... Appellant/s
Versus
Kamal Kishore Sharma Son of Sri Jugeshwar Sharma Resident of Kusar, P.S.
Karapi, Distt. - Arwal, Presently Superintending Engineer, Public Health
Engineering Deparment, Circle Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. S. Raza Ahmad, AAG-5
Mr. Alok Ranjan, AC to AAG 5
For the Respondent/s : Mr. SBK Mangalam, Advocate
Mr. Awnish Kumar, Advocate
Mr. Kumar Gaurav, Advocate
Mr. Vikash Kumar, 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 : 21-02-2025
Patna High Court L.P.A No.15 of 2021 dt.21-02-2025
Heard learned counsel for respective parties.
2. The appellants-State have assailed the order of the
learned Single Judge dated 21.12.2019 passed in CWJC No. 14001
of 2013. Respondent-Kamal Kishore Sharma was subjected to
disciplinary proceedings for remaining absent from 03.09.2008 to
04.09.20008 without informing his superiors. Resultantly, work
relating to flood relief was affected. In this regard, he was placed
under suspension and, thereafter, subjected to disciplinary
proceedings while issuing charge-sheet on 21.01.2010. There were
five charges relating to conduct of the respondent during the
period from 03.09.2008 to 04.09.2008. The inquiring officer after
completing the process of inquiry submitted report that charges are
proved in part. The same was taken note of by the disciplinary
authority and proceeded to issue show cause notice and, thereafter,
proceeded to impose minor penalty of censure and withholding of
one increment without cumulative effect. The penalty order dated
27.06.2013 was the subject matter of CWJC No. 14001 of 2023.
3. Learned counsel for the respondent contended that it
is a case of no evidence and the inquiring officer also held that
charges are proved partly and it is his opinion and not supported
by any material evidence, thereafter, disciplinary authority has
failed to consider respondent's representation or explanation
Patna High Court L.P.A No.15 of 2021 dt.21-02-2025
pursuant to the inquiring officer's report. Learned Single Judge has
taken note of the aforesaid submission with reference to records
and proceeded to allow the petition. Hence, the present Letters
Patent Appeal.
4. Learned counsel for the appellants-State could not
apprise this Court what is error committed by the learned Single
Judge in the light of para 10 of the order dated 21.12.2019 passed
in CWJC No. 14001 of 2013 by the learned Single Judge. Learned
counsel for the appellants-State tried to impress this Court with
reference to extraneous document to the extent that respondent had
filed application for VRS in which he had admitted the reasons for
VRS. We have noticed that whether VRS application was part and
parcel of inquiry proceedings or not? Even if the inquiring officer
has taken note of the contention of VRS application of the
respondent, the same would not be taken into consideration in
view of the fact that these are extraneous documents to the inquiry
proceedings.
5. In the light of these facts and circumstances, the
appellants-State have not made out a case so as to interfere with
the order dated 21.12.2019 passed in CWJC No. 14001 of 2013.
Accordingly, the present Letters Patent Appeal No. 15 of 2021
Patna High Court L.P.A No.15 of 2021 dt.21-02-2025
stands dismissed. Pending Interlocutory Application(s), if any,
stands disposed of.
(P. B. Bajanthri, J)
(Sunil Dutta Mishra, J)
Vikash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date
Transmission Date N/A
