Patna High Court
The State Of Bihar vs Santosh Kumar on 8 January, 2025
Author: Partha Sarthy
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1437 of 2023
In
Civil Writ Jurisdiction Case No.7448 of 2021
======================================================
1. The State of Bihar
2. The Principal Secretary, General Administration Department, Bihar,
Secretariat Building, Patna.
3. The Principal Secretary, Food and Civil Supply Department, Bihar,
Secretariat Building, Patna.
... ... Appellant/s
Versus
1. Santosh Kumar Son of Late Shree Krishna Singh, Resident of Rahdhani
Apartment, Mahesh Nagar Road No.-3A, House No.15, Keshari Nagar,
Patna-800024, at present Posted as District Manager, State Food
Corporation, Kaimur at Bhabhua.
2. The Managing Director, Bihar State Food and Civil Supplies Corporation,
Khadya Bhawan, Daroga Rai Path, R-Block, Road No. 2, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manoj Kumar (A.C. To G.P.4)
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
C.A.V. JUDGMENT
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Date :08-01-2025
Heard learned counsel for the appellants-State of Bihar
and learned counsel for the respondents-writ petitioner.
I.A. no.1 of 2023
2. The instant interlocutory application has been filed
on behalf of the appellants praying for condoning the delay of
133 days in filing of the instant appeal.
Patna High Court L.P.A No.1437 of 2023 dt.08-01-2025
2/8
3. In reference to the statements made in the
application, it is submitted by learned counsel for the appellants
that having obtained the copy of the order of the learned Single
Judge on 10.8.2023, the file was placed before the Joint
Secretary and thereafter the Principal Secretary of the General
Administration Department who directed the file to be sent to
the Law Department for advice as to whether an appeal be filed
or not. The file was received back on 29.8.2023 from the Law
Department with the advice to file an appeal. Accordingly, steps
were taken for preparation of the grounds of the appeal, the
appeal was drafted and finally filed on 14.12.2023.
4. Learned counsel for the appellants submits that
the delay has been caused for reasons beyond the control of the
appellants and the same was not intentional. As such, it is
prayed that the delay in filing of the appeal be condoned and the
appeal be heard and decided on its own merits.
LPA no.1437 of 2023
5. The instant appeal has been preferred by the
appellants-State of Bihar against the order dated 6.7.2023
whereby the learned Single Judge was pleased to allow CWJC
no.7448 of 2021, set aside the order of punishment by the
disciplinary authority dated 1.9.2020 and the order passed in
Patna High Court L.P.A No.1437 of 2023 dt.08-01-2025
3/8
review on 7.1.2021. It was further ordered that the writ
petitioner would be entitled to all consequential benefits.
6. The relevant facts in brief are that while posted as
the District Manager, Bihar State Food and Civil Supplies
Corporation ('the Corporation' in short) at Bettiah, the writ
petitioner was served with a show cause notice on 5.10.2016 to
which he filed his reply on 7.10.2016. The writ petitioner was
thereafter served with a charge memo on 23.12.2019 containing
two charges. The first charge was that he did not ensure filing of
counter affidavit before the Patna High Court in Cr. Misc.
no.37194 of 2016 (Ajay Prasad @ Ajay Kumar vs. The State of
Bihar & Ors.) failing which the Court directed the Principal
Secretary and Managing Director to personally appear before
the Court and secondly that he was absent from the
Headquarters in an unauthorised manner without prior
permission from the higher authorities. The writ petitioner filed
his explanation on 7.2.2020. As the writ petitioner was working
under the control of the Corporation, the General Administration
Department asked the Food and Civil Supplies Department to
give its opinion and finding on the charges. The Department
sought the opinion of the Corporation.
7. It is the case of the writ petitioner that both the
Patna High Court L.P.A No.1437 of 2023 dt.08-01-2025
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authorities submitted their respective opinions which were to the
effect that the charges had not been found to be proved and the
writ petitioner was not guilty on any count. The writ petitioner
was exonerated by the Corporation and the Food and Civil
Supplies Department also submitted its opinion and finding vide
letter dated 14.6.2020 before the General Administration
Department. Inspite of the charges not having been proved and
the writ petitioner having been exonerated by both the Food and
Civil Supplies Department as also the Corporation, the General
Administration Department came out with an order dated
1.9.2020
imposing punishment of Censure (Year 2015-16) and
withholding one increment with non-cumulative effect against
the writ petitioner. The writ petitioner challenged the same by
filing a review application which was also dismissed by order
dated 7.1.2021 passed by the Additional Secretary, General
Administration Department, Government of Bihar.
8. It is submitted by learned counsel appearing for
the appellants-State of Bihar that the learned Single Judge has
committed an error in allowing the application and setting aside
the order of punishment passed against the writ petitioner as the
writ petitioner had been found to be careless towards his
assigned duties leading to appearance of the Principal Secretary
Patna High Court L.P.A No.1437 of 2023 dt.08-01-2025
of the Department in the Court. The disciplinary authority took
the decision to punish him for his willful and deliberate
activities and the order of punishment was passed only after
giving him an opportunity to submit his explanation with
respect to the charges.
9. Having heard learned counsel for the parties and
taking into consideration the material on record, it transpires
that the relevant facts in brief are that the writ petitioner who
was posted at the relevant time as the District Manager of the
Corporation at Bettiah was issued with a show cause notice on
5.10.2016 to which he filed his reply on 7.10.2016. The criminal
case in the Patna High Court, non-filing of the counter affidavit
in which led to issuance of show cause notice, was disposed of
on 11.1.2017. The writ petitioner was served with charge memo
on 23.12.2019, the two charges being that the writ petitioner
failed to ensure filing of counter affidavit in Cr. Misc. no.37194
of 2016 in the Patna High Court and that he was absent from the
Headquarters in an unauthorised manner. The writ petitioner
filed his explanation to the charges. The Deputy Manager,
Administration, Bihar State Food and Civil Supplies
Corporation Limited on going through the explanation furnished
by the writ petitioner submitted his report dated 12.6.2020. With
Patna High Court L.P.A No.1437 of 2023 dt.08-01-2025
respect to the first charge of not filing of the counter affidavit in
the case, he was of the opinion that as soon as information was
received by the writ petitioner, the counter affidavit was filed
and the explanation furnished was acceptable. With respect to
the second charge of the writ petitioner remaining absent from
the Headquarters without proper leave, he was of the opinion
that the same was not established. Inspite of the writ petitioner
having been exonerated of both the charges, the General
Administration Department came out with an order of
punishment contained in Memo no.7543 dated 1.9.2020 under
the signature of the Additional Secretary imposing the
punishment of Censure (Year 2015-16) as also withholding of
one increment with non-cumulative effect.
10. On perusal of the order of punishment, it
transpires that it mentions about an opinion having been sought
from the Food and Civil Supplies Department which was
received on 14.6.2020 but it does not mention its reason for
differing with the same. At the cost of repetition, it may be
stated that the writ petitioner having been exonerated in the
proceeding initiated against him, even the Food and Civil
Supplies Department, Government of Bihar by their letter
bearing no.2419 dated 14.6.2020 had written to the General
Patna High Court L.P.A No.1437 of 2023 dt.08-01-2025
Administration Department that the explanation furnished by
the writ petitioner was acceptable, he acted on time in the matter
of filing of the counter affidavit in the Patna High Court and
further the allegation of his unauthorised absence from the
Headquarters was not established. Both the charges not having
been proved in the opinion of the authority and similar opinion
having been given by the Food and Civil Supplies Department
to the General Administration Department, in the opinion of this
Court, the respondents erred in passing the order of punishment.
Further, the order of punishment does not even mention the
grounds on which the authority differed with the enquiry report
nor the fact that the writ petitioner was issued with any notice
prior to passing of the order of punishment differing with the
enquiry report wherein the writ petitioner had been exonerated.
A review application was also filed by the writ petitioner which
was rejected by a cryptic and non-speaking order dated
7.1.2021. The learned Single Judge taking the above facts into
consideration set aside both the order of punishment dated
1.9.2020 as also the order passed in review dated 7.1.2021.
11. The appellants have neither made out a case for
condonation of delay in filing of the appeal nor a case for
interference on merits in the order impugned.
Patna High Court L.P.A No.1437 of 2023 dt.08-01-2025
12. The Court finds no merit in the instant appeal and
the same is dismissed.
( Partha Sarthy, J)
(K. Vinod Chandran, CJ): I agree.
(K. Vinod Chandran, CJ)
Saurabh/-
AFR/NAFR
CAV DATE 05.12.2024
Uploading Date 08.01.2025
Transmission Date
