JUDGMENT :

1. Heard the parties.

2. The petitioner by way of this writ petition seeks to quash the order, dated 26.09.2019, passed by the respondents whereby he has been punished with dismissal from service making him ineligible further service and also the order passed in appeal February, 2020, whereby the appeal was rejected with consequential prayer to reinstate him in service with all benefits.

3. Brief facts which deserve to be noted are that a vigilance case was registered against the petitioner on 29th July, 2018, alleging of demand of bribe from a Block Teacher, he was arrested on 30th July, 2018, while receiving Rs.15,000/-as bribe. He was suspended with effect from 29th July, 2018. After the petitioner was granted bail, he submitted his joining on 24.12.2018. The petitioner was served with the charge sheet for initiating major penalty under Rule 17 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as, ‘the Rules 2005’) vide charge memo dated 20th February, 2019.

4. The Regional Deputy Director, Education, Purnea Division, was appointed as Enquiry Officer to conduct the enquiry, who asked the petitioner to submit his explanation to the memo of charges. The petitioner submitted his explanation on 02.04.2019 denying charges of bribe and also demanded certain documents to submit his defence. The Presenting Officer in support of the charges placed before the Enquiry Officer the documents relating to the first information report whereafter the Enquiry Officer vide letter dated 31.05.2019 submitted enquiry report mentioning in columns about the charge, the reply of delinquent, the submission of the Presenting Officer and his conclusion. Charge no. 1 was found to be proved while charge no. 2 was left for decision to be taken at the higher level.

5. The Director on the basis of the enquiry report sought explanation from the petitioner and the petitioner objected to the enquiry report pointing out that there has been gross violation of the Rules 2005, no procedure was adopted, no evidence was recorded and no cross-examination was provided. It was also his case that no witnesses were examined by the prosecution. The Director, Primary Education, Government of Bihar, Patna, vide his order, dated 26.09.2019, passed the impugned order of dismissal of service holding the petitioner to be guilty of the charges.

6. Appeal was preferred which was rejected by the appellate authority vide order, dated 18.10.2019.

7. Learned counsel appearing for the petitioner had at the time of admission argued that the procedure adopted by the Regional Deputy Director, Education, was in complete violation of Rule 17 of the Rules 2005 and it was a case where no enquiry was conducted and the dismissal order therefore deserves to be quashed and set aside.

8. After perusing the enquiry report which was in a form of and did not mention any procedure adopted by the Enquiry Officer, this Court asked the Regional Deputy Director, Education, Purnia Division, to remain present in the Court. On the next day it was revealed that the concerned officer had already attained superannuation. Whereafter, noticing that the enquiry report does not record any finding and there are no conclusions based on any finding, nor there is any discussion on the charges, this Court deemed appropriate to call the Chief Commissioner, Departmental Enquiries to take into consideration that if such procedure is adopted by all the State Department Officers it may result in administrative chaos.

9. The Chief Commissioner, Departmental Enquiry, has placed before this Court a Circular issued as an advisory to all the Departments laying down guidelines, method and manner in which the departmental enquiries are to be conducted. The Circular no. 665, dated 08.11.2022, issued by the Chief Commissioner, Departmental Enquiries, addressed to all the Departments and other Officers was taken on record. It would be apposite to notice the Circular as dated 0