Rajiv Roy, J. – Heard Mr. Mrigank Mauli, learned Senior Counsel for the petitioner and Mrs. Anuradha Singh, learned SC 21.

2. The present writ application has been preferred: –

(i) for the issuance of an appropriate writ/writs for quashing of the impugned resolution contained in memo no. 534 dated 28.02.2019 (Annexure-23) issued under the signature of Respondent no. 6 whereby and whereunder penalty of dismissal from service with disqualification for future employment under the government was imposed upon the petitioner;

(ii) consequent upon the quashing of the impugned order the respondents may be directed to grant all consequential benefits including arrears of salary to the petitioner.

3. The matrix of facts giving rise to the present petition is/are as follows:

4. The petitioner was appointed as the Inspector of Factories, Department of Labour, Training and Employment Resources, Govt. of Bihar, Patna (henceforth for short ‘the Department’) on 05.06.1993 after having been recommended by the Bihar Public Service Commission (henceforth for short ‘the BPSC’). Accordingly, he joined at Katihar and after completing a decade was granted the benefits of first ACP in the year 2005.

5. In the year 2003, he was transferred and posted in the Patna Circle -3 with additional charges of three more circles which included the districts of: –

(i) Nalanda and Nawada under Bihar Circle;

(ii) East & West Champaran under Motihari Circle and

(iii) Muzaffarpur, Sitamarhi and Sheohar under Muzaffarpur Circle.

6. On 15.09.2005, the news came in the Media regarding an explosion that took place in an illegal cracker factory in the residential premises of one Md. Jainul Haque @ Hakim Mian near Khusrupur Primary Health Centre under Patna City Sub-Division in the district of Patna. This explosion took several lives as also caused damage to the houses nearby.

7. Subsequently, the Labour Commissioner, Patna directed the Deputy Labour Commissioner, Patna and the Chief Inspector of Factories, Bihar Patna to enquire into the matter and submit a report vide letter no. 3032 dated 26.09.2005.

8. Accordingly, an enquiry took place on 29.09.2005 when the officials concerned took evidence of the people of the locality, injureds of the blast as also the neighbouring houses when it came to knowledge that Hakim Mian was allegedly engaged in the work with the help of local people/children.

9. The Chief Inspector of Factories, Bihar subsequently submitted its report vide letter no. 599 dated 05.10.2005 stating therein that the factory was being run without any information to any official. It was in the residential premises on the Patna-Baktiyarpur road but there was no information about it. He concluded by stating and as such, no one can be held responsible for non-inspection of the premises when neither the alleged factory was registered nor any information whatsoever was made available. (Annexure-1 to the writ petition).

10. Meanwhile, the Labour Enforcement Officer and Labour Superintendent including the petitioner too had submitted their respective show cause (s) clearly stating that they had never been provided with any information whatsoever or through any other sources regarding the running of the factory in a residential premises.

11. No further development took place thereafter for years. However, in view of the fact that several lives were lost, the National Human Rights Commission, New Delhi (henceforth for short ‘the NHRC’) made certain directions for grant of compensation to the aggrieved families as also to take action against erring police official/officials of the Licensing Department and to submit a report.

12. Pursuant thereto, in the year 2012, a meeting was held on 01.03.2012 under the Chairmanship of the Chief Secretary, Bihar, Patna, in the presence of Principal Secretary of ‘the Department’ as also the Principal Secretary, Home in which it was decided to initiate departmental proceedings amongst the other, against the petitioner herein.

13. This followed the res