Patna High Court
Priyawart Kumar vs The State Of Bihar on 24 July, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11082 of 2025
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Priyawart Kumar S/o Prabhu Narayan Pandey, R/o Pandey Tola, Sonwal,
VTC- Sonwal, P.O. and P.S. Sonwal, District- East Champaran, State- Bihar-
845245.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Revenue and Land
Reforms Department, Govt. of Bihar.
2. The Joint Secretary, Revenue and Land Reforms Department, Govt. of
Bihar.
3. The District Collector, Araria, at P.O, District- Araria.
4. The Additional District Magistrate, Araria at P.O, District- Araria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Prasad Singh, Sr. Adv.
Mr. Vaibhava Veer Shanker, Adv.
For the Respondent/s : Mr. Rewti Kant Raman, AC to SC-11
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 24-07-2025
Heard Mr. Umesh Prasad Singh, learned Senior
Advocate with Mr. Vaibhava Veer Shanker, learned Advocate
for the petitioner through virtual mode and Mr. Rewti Kant
Raman, learned AC to SC-11.
2. The petitioner is aggrieved with the order dated
26.03.2025
issued under the signature of Joint Secretary,
Revenue and Land Reforms Department, Government of Bihar,
whereby and whereunder he has been placed under suspension.
Patna High Court CWJC No.11082 of 2025 dt.24-07-2025
Further challenge is made to a Letter No. 673 dated 30.04.2025,
whereby the petitioner has been served with the memo of
charge.
3. Learned Senior Advocate referring to the averments
made in the writ petition has contended that on account of
anonymous complaint, regarding irregularity and thereby
amassing disproportionate property, the petitioner was subjected
to an internal enquiry by a Three Men Committee. The Three
Men Committee after conducting a detailed enquiry submitted a
report that the allegation levelled by anonymous person is found
to be incorrect based upon no evidence. Irrespective of the
aforesaid fact, the respondent authority proceeded further placed
the petitioner under suspension, without there being any legal
evidence and material. The respondent authority moved further
and issued a memo of charge directing the petitioner to submit
his explanation. The entire initiation of the departmental
proceeding based upon an anonymous letter is nothing but in
complete disregard to the Government Letter dated 24.06.2005,
the copy of which is marked as Annexure-P/12 issued under the
signature of the Chief Secretary, Government of Bihar to all the
concerned that on the basis of anonymous, un-named and
mischievous complaint, no cognizance should be taken.
Patna High Court CWJC No.11082 of 2025 dt.24-07-2025
4. Learned Senior Advocate further contended that the
entire enquiry and the disciplinary proceeding is actuated with
malice; as the same is initiated at the behest of the MLA;
moreover, the petitioner in response to the memo of charge has
submitted his proper explanation, but till date, no decision has
been taken at the level of the disciplinary authority. The
suspension of the petitioner by the Joint Secretary, Revenue and
Land Reforms Department, Government of Bihar is also said to
be wholly without jurisdiction and does not warrant, in view of
the fact that the Three Men Committee has submitted a report
showing innocence of the petitioner.
5. On the other hand, learned Advocate for the State
submitted that since the petitioner has already filed his
explanation before the disciplinary authority, the same is
required to be considered and a final decision is to be taken by
him as to whether there is a requirement of initiation of the
departmental proceeding or not. He further submits that there is
a provision of appeal under Rule 23 of the Bihar Government
Servants (Classification, Control & Appeal) Rules, 2005
(hereinafter referred to as, "Rules, 2005"); against the order of
suspension also, the petitioner may avail such remedy.
6. Having considered the submissions set forth by the
Patna High Court CWJC No.11082 of 2025 dt.24-07-2025
learned Advocate for the respective parties, this Court before
parting with the order, opined that the provisions underlying
Rules 17(4) and 17(5) of the Rules, 2005 clearly mandates the
disciplinary authority to ask show-cause on the charge memo
from the delinquent and also of hearing him, in person, before
the disciplinary authority takes the decision whether the matter
requires further enquiry in the manner prescribed or the
explanation is worthy for acceptance. It is for the disciplinary
authority to consider reply to charges and on consideration of
the cause shown in the reply to decide as to whether to close or
to continue with the proceeding by holding disciplinary enquiry
into the charges. Admittedly, the petitioner has already filed a
detailed explanation before the disciplinary authority, yet it has
not been considered by the disciplinary authority.
7. Considering the aforesaid fact, this Court direct the
Additional Chief Secretary, Revenue and Land Reforms
Department, Government of Bihar to consider the explanation
of the petitioner to the imputation levelled in the charge memo
and take an appropriate decision based upon the materials
available on record, preferably within a period of six weeks,
from the date of receipt/production of a copy of this order.
8. This Court further observe that the petitioner may
Patna High Court CWJC No.11082 of 2025 dt.24-07-2025
also approach before the Additional Chief Secretary, Revenue
and Land Reforms Department, Government of Bihar for
revocation of his suspension within a period of two weeks, by
filing an appropriate appeal, in terms with Rules 23 of the
Rules, 2005. In case such appeal is preferred, the same shall also
be considered, in accordance with law.
9. With the aforesaid observation and direction, the
writ petition stands disposed off.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.07.2025
Transmission Date NA
