Adherence to statutory procedures and mandatory duties in disciplinary proceedings under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005.

1. Heard Mr. Prashant Sinha, learned counsel appearing for the petitioner and Mr. Rakesh Prabhat, learned Assisting Counsel to Standing Counsel No. 21 for the State.

2. The petitioner is aggrieved by the enquiry report dated 24.12.2014 prepared by the Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary-cum-Conducting Officer, a copy of which is impugned at Annexure 10/C to the writ petition.

3. The petitioner also prays for issuance of a writ in the nature of certiorari for quashing the order bearing Memo No. 2516 dated 30.6.2015 passed by the Engineer-in-Chief, Rural Works Department, whereby the punishment of dismissal from service has been awarded on the petitioner. The petitioner also prays for issuance of a writ in the nature of certiorari for quashing the order bearing Memo No.4083 dated 7.12.2015 of the Secretary, Rural Works Department whereby the appeal of the petitioner has been rejected. Copies of the orders passed by the Disciplinary Authority and the Appellate Authority are impugned at Annexures 12 and 15 respectively to the writ petition.

4. The brief summary of facts leading to the impugned order is that the petitioner was allegedly apprehended while accepting bribe which led to institution of Vigilance P.S. Case No. 12 of 2014 registered under the provisions of the Prevention of Corruption Act, 1988. A departmental proceeding was also initiated alongside in which a show cause was asked from the petitioner on the charge vide Annexure-3. The petitioner filed his reply contesting charge vide Annexure-4 and not being satisfied that the Disciplinary Authority decided to initiate a disciplinary proceeding against the petitioner vide Annexure-5 appointing the Enquiry Officer as well as the Presenting Officer to complete the exercise and the petitioner was directed to appear before the Enquiry Officer. Proceedings were conducted and the enquiry report is placed at Annexure 10/C at running page 94 of the proceedings. The proceedings have resulted in dismissal as affirmed by the appellate authority and feeling aggrieved, the petitioner is before this Court.

5. Two-fold submissions has been made by Mr. Sinha, learned counsel appearing for the petitioner to question the entire proceedings which, according to Mr. Sinha, is resting on an invalidly conducted enquiry by the Conducting Officer, namely:

(a) Even though the charge memo lists 9 charges with equal number of documentary evidence and even though the Presenting Officer was appointed by the Disciplinary Authority to present the case on behalf of the department but the enquiry report at Annexure 10/C simply proceeds to uphold the guilt on the basis of allegations without reference to any evidence whatsoever; and

(b) The petitioner has raised these issues before the Disciplinary Authority as well as the Appellate Authority but they have proceeded to mechanically uphold the findings of the Enquiry Officer without bothering to deal with the issues raised by the petitioner.

6. It is taking note of the submissions advanced by Mr. Sinha that this Court while recording the same in the order dated 6.9.2017, allowed the learned State Counsel to satisfy this Court on the issue raised with the aid of the records of the disciplinary proceedings which was also directed to be produced. The matter has thereafter been taken up today when Mr. Rakesh Prabhat, learned Assisting Counsel to Standing Counsel No. 21 has produced the records and which does confirm the submission of Mr. Sinha that the confirmation of guilt by the Enquiry Officer is resting entirely on the allegation for neither the Presenting Officer has bothered to lead evidence nor any such reference has been made by the Enquiry Officer in the report. The records of the proceedings also do not demonstrate whether any such effort was made by the Presenting Officer.

7. I have heard learned counsel for the parties and I have perused the records.

8. It is rather unfortunate that despite the anxiety shown by this