Manoj Kumar Yadav vs The State Of Bihar
2026 Latest Caselaw 359 Patna

Patna High Court

Manoj Kumar Yadav vs The State Of Bihar on 9 February, 2026

Author: Anshuman

Bench: Anshuman

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10839 of 2024
     ======================================================
     Manoj Kumar Yadav son of Late Balbachan Yadav, resident of Village-
     Dhamar, P.S.-Ara Muffasil, District-Bhojpur Ara.
                                                               ... ... Petitioner/s
                                         Versus
1.    The State of Bihar through the Home Secretary, Government of Bihar, Patna.
2.   The Director General of Police, Bihar, Patna.
3.   The Inspector General of Police, Sahabad Region, Sahabad, District
     Bhojpur.
4.   The Deputy Inspector General of Police, Sahabad Range, Dehari-on-Sone,
     Bihar, Patna.
5.   The Superintendent of Police, Buxar, District-Buxar.
6.   The Superintendent of Police, Rohtas, District-Rohtas.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Subodh Kr. Jha, Advocate
                                   Mr. Sarveshwar Tiwary, Advocate
     For the State          :      Mr. Government Advocate 7
                                   Mr. Abhinav Ashok, (AC to GA-7)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                            ORAL JUDGMENT
      Date : 09-02-2026

                        Heard learned counsel for the petitioner and

      learned counsel for the State.

                        2. The present writ petition has been filed for

      issuance of an appropriate writ/writs and order/orders in the

      nature of certiorari for the following relief/s:-

                                     "I. For quashing the order bearing
                                     Buxar     district     Order    No.342/23
                                     issued vide Memo No. 996 dated
                                     25.03.2023

under the signature of Superintendent of Police, Buxar (Respondent No.5) by which the Patna High Court CWJC No.10839 of 2024 dt.09-02-2026

Respondent No.5 i.e. Superintendent of Police has passed dismissal order against the petitioner without considering the fact that the petitioner was exonerated by conducting officer in its report when the Departmental proceeding was initiated on the basis of criminal case against the petitioner. The order of dismissal is passed by Respondent No.5 against the petitioner is totally arbitrary, against the Principle of Natural Justice as enumerated under Bihar C.C.A. Rules, 2005 and fit to be set aside.

II. For quashing of the appellate order bearing Buxar district Order No. 919/2023 passed by Deputy Inspector General of Police, Sahabad Range, Dehari-on-Sone (Respondent No.4) issued vide Letter No. 1765 dated 09.06.2023 communicated to Superintendent of Police, Buxar and Superintendent of Police, Buxar issued vide Memo No.2569 dated 09.08.2023 to the petitioner by which the appeal of the petitioner was rejected by Respondent No.4 in most mechanical way without considering the points Patna High Court CWJC No.10839 of 2024 dt.09-02-2026

raised in the memo of appeal and as much as the law in this regard.

III. For quashing of the Memorial order Memo No. 2057 dated 18.06.2024 issued and communicated from the office of Superintendent of Police, Buxar passed by Respondent No.2, by which the memorial application filed by the petitioner has been rejected by Respondent No.2 without considering facts and law.

IV. For issuance of an appropriate writ/writs and order/orders in the nature of mandamus for directing and commanding the respondents that for setting aside the orders of dismissal as well as appellate orders and memorial orders, restore the service of the petitioner with all legal consequential and financial benefits to the petitioner for the ends of justice and equity.

V. Further for any other relief or reliefs for which the petitioner is entitled in the facts and circumstances of this case."

3. Learned counsel for the petitioner submits that Patna High Court CWJC No.10839 of 2024 dt.09-02-2026

the petitioner was a Police Constable when he was posted as a

member of Riot Control, Kewati House No. 1061 force, with a

view to control the riot. The petitioner was leaving in a girls

middle school, Bikramganj, Rohtas. On the complaint of Head

Master of the school, FIR has been lodged bearing Bikramganj

P.S. Case No. 534 of 2019 lodged under I.P.C as well as POCSO

Act. Counsel submits that after lodging of the said FIR, the

petitioner was taken into custody and suspended from the

service. Thereafter, the petitioner was released on bail and then

transferred and directed to join in the district of Buxar. Counsel

further submits that subsequently, due to the reason that a

criminal case was pending against the petitioner and he was sent

into custody, a departmental proceeding No. 60 of 2020 was

initiated against the petitioner and a memo of charge has been

served upon him vide letter dated 14.10.2020. Counsel further

submits that by virtue of the said charge, a full fledged

departmental proceeding has been conducted against the

petitioner. The departmental proceeding was initiated, but in the

meantime, the petitioner was acquitted in the said criminal case

vide order dated 07.01.2022 by the Special Court. Counsel

submits that after thorough enquiry, the Enquiry Officer

submitted his report on 28.03.2022 exonerating the petitioner Patna High Court CWJC No.10839 of 2024 dt.09-02-2026

from all the charges and found him innocent. Counsel further

submits that the Disciplinary Authority disagrees from the said

enquiry report and issued a show cause dated 29.01.2023 and

given 15 days time to submit his second show cause. Counsel

submits that the reply to second show cause was filed, but even

then, the punishment order has been passed bearing Buxar

District Order No. 342/2023 contained in Memo No. 996 dated

25.03.2023 (Annexure-P/8), by which the petitioner was

dismissed from the service.

4. Learned counsel for the petitioner further

submits that the petitioner, thereafter, preferred appeal against

the order of punishment, but the D.I.G., Sahabad Range

(Respondent no.4) has rejected his appeal bearing Buxar District

Order No. 919/2023 contained in Memo No. 2569 dated

09.08.2023 (Annexure-P/10). Counsel submits that thereafter,

the petitioner filed a memorial before the Director General of

Police, Bihar, Patna dated 05.09.2023. But, the said memorial

was also rejected bearing Buxar District Order No. 764/2024

contained in Memo No. 2057 dated 18.06.2024 (Annexure-

P/12). Counsel, therefore, submits that the order of the

Disciplinary Authority, order of the Appellate Authority and the

order passed in memorial, all are absolutely bad in law, due to Patna High Court CWJC No.10839 of 2024 dt.09-02-2026

the reason that the Disciplinary Authority has issued a show

cause (Annexure-6) dated 29.01.2023 disagreeing from the

enquiry report which is in gross violation of Rule 18(2) of the

Bihar Government Servants (Classification, Control & Appeal)

Rules, 2005 (hereinafter referred to as 'Bihar CCA Rules,

2005'). Counsel further submits that since, the order passed

under Rule 18(2) of the Bihar CCA Rules, 2005 is absolutely

not in accordance with law and in violation of the said rule,

thereafter, every subsequent order shall also be bad in law. He

submits that all the orders impugned in the writ petition are bad

in law and be set aside and the petitioner be directed to join his

services and also be entitled for all the consequential benefits.

5. Learned counsel for the State, on the other hand,

vehemently opposes the prayer of the petitioner and submits that

the present writ petition is fit to be dismissed. He submits that

the proper opportunity has been provided to the petitioner,

charge memo issued and the departmental proceeding

conducted. He further submits that according to Bihar CCA

Rules, 2005, it is well within the power of the Disciplinary

Authority that he may differ from the report of the Enquiry

Officer and therefore, he disagrees from the said report and

issued a disagreement memo also followed by opportunity of Patna High Court CWJC No.10839 of 2024 dt.09-02-2026

show cause and passed the disciplinary order which was tested

by the Appellate Authority and subsequently in memorial by the

Director General of Police, Bihar, Patna, and all were found this

correct. Therefore, there is no need of any interference in this

matter. He submits that there is no violation of principles of

natural justice and the punishment was also not exorbitant, as

there was an allegation against the petitioner to outrage the

modesty of a school girl and POCSO Act is also added in the

said criminal case.

6. Upon hearing the parties, this Court being the

Court of Review of the disciplinary proceeding has restricted for

the test of the order passed by the Disciplinary Authority that

whether the order has been passed in accordance with Bihar

CCA Rules, 2005 or not or any violation of principles of natural

justice has been made or not, or the order passed is excessive or

not.

6.1 For the purpose of answering these questions, it

is necessary to quote the relevant para of Annexure-6 i.e. show

cause which has been issued by the Disciplinary Authority in

accordance with Rule 18(2) of the Bihar CCA Rules, 2005

which states as follows:-

"अतएव जॉच Ákfèkdkj के मं तवय से असहमत होते हुये आपको ननरर श नरया Patna High Court CWJC No.10839 of 2024 dt.09-02-2026

जाता है नक बरती गई लापरवाही के सं बंध मे आप अपना अं नतम बचाव सपषटीकरण 15 नरनो के अं रर अधोहसताकरी के कायारलय मे समनपरत करना सु नननशचत करे गे । ननधारनरत अवनध के vanj सपषटीकरण समनपरत नहीं करने पर यह समझा जाये गा नक आपको इस सं बंध मे कुछ नहीं कहना है और आपके नवरद अं नतम आरे श पानरत कर नरया जाये गा। सं चालन परानधकारी दारा समनपरत मं तवय की Áfr साथ सं लगन है ।"

7. It is also necessary to quote Rule 18(2) of the

Bihar CCA Rules, 2005 which states as follows:-

"The disciplinary authority, after receipt of the enquiry report as per Rule 17 (23)(ii) or as per sub-rule (1), shall, if it disagrees with the findings of the inquiring authority on any article of charge, record its reasons for such disagreement and record its own finding on such charge, if the evidences on record is sufficient for the purpose."

8. Upon perusal of the above quoted rule 18(2) of

the Bihar CCA Rules, 2005, it is very much clear that the Patna High Court CWJC No.10839 of 2024 dt.09-02-2026

Disciplinary Authority upon receiving of the enquiry report may

disagree on the enquiry report which has been submitted to him

under Rule 17(23)(ii). But the only legal restriction has to be

casted upon him that if, he disagrees with the findings of the

Inquiring Authority on any article of charge, he shall have to

record its reasons for such disagreement and record it's own

finding on charges, if the evidences on record is sufficient for

the purpose.

9. It transpires to this Court that as per the quoted

para of Annexure-6 which has been mentioned above, it become

crystal clear that the Disciplinary Authority disagrees with the

findings of the Inquiring Authority, but failed to record its

reasons for such disagreement and also not recorded its own

findings on such charge. Hence, this Court is of the firm view

that at the time of taking a decision for disagreement, there is a

gross violation of rule 18(2) of the Bihar CCA Rules, 2005 and

the said Annexure-6 has been passed in gross violation of Rule

18(2) of the Bihar CCA Rules, 2005. Since, the said letter i.e.

Annexure-6 is bad in law, therefore, the subsequent

orders/decisions shall also be bad in law.

10. In result, the letter contained in Memo No. 528

dated 29.01.2023 (Annexure-6); order of the Disciplinary Patna High Court CWJC No.10839 of 2024 dt.09-02-2026

Authority bearing Buxar District Order No. 342/2023 contained

in Memo No. 996 dated 25.03.2023 (Annexure-P/8); order of

the Appellate Authority bearing Buxar District Order No.

919/2023 contained in Memo No. 2569 dated 09.08.2023

(Annexure-P/10) and the order in the memorial bearing Buxar

District Order No. 764/2024 contained in Memo No. 2057 dated

18.06.2024 (Annexure-P/12), all are hereby set aside. The

respondent authority is directed to accept the joining of the

petitioner. However, the respondent authority shall be at liberty

to proceed further in accordance with law, within 90 days. The

petitioner shall also be entitled for payment and the

consequential benefits.

11. Accordingly, with the aforesaid observation and

direction, this writ petition stands allowed.

(Dr. Anshuman, J) Divyansh/-

AFR/NAFR
CAV DATE                     NA
Uploading Date             13/02/2026
Transmission Date            NA