ORDER

Heard the parties through the virtual court proceeding.

2. This application is for issuance of writ in the nature of mandamus directing the respondents to revoke the suspension of the petitioner which is continuing on an from 28.06.2016 by way of retrospective effect (Annexure-5) in the grab of Bihar Government (Classification, Control and Appeal) Rule 2005 under Rule-9(5) fro about 3 years and 5 months vide Memo No.2254 dated 28.06.2019 from the order of termination dated 28.06.2019 from the order of termination dated 28.06.2016 and also for payment of full consequential benefits from the date of termination i.e. 28.06.2016 in the light of order passed in C.W.J.C. No.610 of 2017 later on it was confirmed with certain modification in L.P.A. No.1123 of 2017 and for other writ/command/direction in the facts and circumstances of the case.

3. The fact in the writ petition is that the petitioner had joined the service on 08.09.1986 as an Assistant at Labour Employment Department, (Training Wing) and thereafter, qualified examination of Bihar Public Service Commission through proper channel and joined as Excise Inspector, Department of Excise on 29.05.1992 and thereafter got promoted on 15.04.2003 as Excise Superintendent. It is important to mention here that from 08.09.1986 to 22.05.2012, no departmental proceeding was initiated against the petitioner and the services of the petitioner was up to mark and satisfactory for department of Excise and Prohibition and department of Labour also.

4. The petitioner as a gazetted Government servant holding the post of Superintendent, Excise was proceeded against by service of a charge memo, a copy of which is impugned at Annexure-18 to the writ petition in C.W.J.C. No.610 of 2017. On 22.05.2012, the petitioner served a departmental charge sheet in Form of Prapatra-(Ka) and thereafter, a departmental proceeding was initiated against the petitioner. The petitioner accordingly replied the charges levelled against him in departmental charge sheet by way of his show cause thereafter without complying the provisions contained in Bihar Classification Control and Appeal Rules 2005, an enquiry report was submitted by the departmental enquiry officer on 18.05.2015 found the petitioner guilty and thereafter, a second show cause was asked to the petitioner and receiving the notice of second show cause the petitioner asked certain documents under the provisions contained in Rule- 17(11) of Bihar Classification, Control and Appeal Rules 2005.

5. Thereafter, without supplying the documents, the petitioner compelled to file second show cause and without perusing the second show cause and also without giving opportunity for hearing the disciplinary authority taken an exparte decision imposing major punishment mechanically by way of dismissal/termination of the petitioner from his services.

6. Against the order of termination, the petitioner filed review application before the Hon’ble Governor (Bihar). When the review application filed before the Hon’ble Governor was not disposed of within a stipulated period the petitioner filed a writ application before this Hon’ble Court vide C.W.J.C. No.610 of 2017.

7. After hearing the said writ application bearing C.W.J.C. No.610 of 2017 was allowed in favour of the petitioner vide order dated 09.05.2017 passed by this Hon’ble Court observing that “The order of Disciplinary Authority and proceed to uphold the guilt mechanically without discussing the defence led by the petitioner and as I have observed, without dealing with the issue raised. The entire proceeding questioned in the writ petition is a bundle of illegalities and cannot be upheld and in consequence, the entire proceedings including the charge sheet, the enquiry report together with the impugned order of dismissal bearing memo no.3038 dated 28.06.2016 passed by the State Government in its Registration, Excise and Prohibition Department, impugned at Annexure: 28 cannot be upheld and are accordingly quashed and