IMPORTANT POINT
The main legal point established in the judgment is the requirement for a speaking order communicating the decision on an appeal, as well as the importance of considering and applying the relevant provisions of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 and the Bihar Civil Court Staff (Class III and Class IV) Rules, 2009.

JUDGMENT :

Heard learned counsels for the parties.

2. In the instant petition, petitioner has prayed for following reliefs:-

"That this is an application for issuance of writ in the nature of certiorari or any other appropriate writ, order or direction for quashing the communication issued under the hand of Registrar General of the Hon'ble High Court contained under memo no. 6103 dated 4th May, 2011 whereby and where under the petitioner has been intimated that the Hon'ble High Court after having considered the service appeal of the petitioner, dismissed Night Guard, has been pleased to pass order/ resolved to dismiss the said departmental appeal preferred by the petitioner against the order no. 3/10 dated 7.5.2010 passed by the District & Sessions Judge Vaishali at Hajipur in connection with the departmental proceeding conducted against the petitioner thereby inflicting the punishment dismissing the petitioner from service inter alia the following reliefs:-

(i) The order of the Hon'ble High Court passed in its administrative side resolving to dismiss the departmental appeal preferred by the petitioner so in a cryptic manner without assigning any reason be declared as illegal, void and against the mandate of law and accordingly be set aside;

(ii) The respondents concerned be directed to re-instate the petitioner in service with all consequential benefits;

(iii) Respondents' action of inflicting the major punishment dismissing the petitioner from service be deprecated as being not reciprocal to the charges;

(iv) Any other relief/reliefs be granted to the petitioner as he is found entitled to in the facts and circumstances of the case."

3. On 22.09.2022, following order was passed:-

"Heard the matter for sometime.

Learned counsel for respondents are hereby directed to produce copy of the standing committee proceedings in rejection of the petitioner’s appeal and further such a proceeding in the form of order issued in the name of Registrar General is communicated to the petitioner or not? These information be made available on the next date of hearing.

Re-list this matter on 20.10.2022."

4. Brief facts are that the petitioner was working as Night Guard in the District Court, Vaishali on 23.02.2009. There was a fire accident in the office of the learned Additional District & Sessions Judge, Fast Track Court II and III, Vaishali at Hajipur due to which extensive damage has caused to the judicial records. Taking note of the aforesaid alleged accident petitioner and his colleague Ram Ishwar Mahto were placed under suspension. Thereafter, departmental enquiry was initiated while framing nine charges in common proceedings. The petitioner is stated to have demanded certain documents. In this regard, presenting officer was directed to furnish the documents. Documents were not supplied to the petitioner. Petitioner had submitted his written submission wherein pleaded his innocence that he was not at Vaishali at the time of alleged accident. He was away from Vaishali and had gone to Patna since his father was ailing. On 31st March, 2010 enquiry officer submitted his report in which it is held that charges levelled against the petitioner and another were proved. Thereafter, copy of the enquiry report and show cause was issued to the petitioner on 16.04.2010 seeking explanation on the enquiring officer's report. On 29.04.2010 petitioner reiterated his stand that he was innocent. Based on these material information, disciplinary authority proceeded to impose penalty of dismissal from service on 07.05.2010.

Feeling aggrieved and dissatisfied with the dismissal order petitioner had preferred appeal before the appellate authority on 07.06.2010 and it was dismissed while passing resolution by the Standing Committee. Thereafter, decision was communicated through the Registrar General, Patna High Court, Patna. Hence the present writ petition.

5. Today, learned counsel for respondent furnished copy of the resolution dated 26.04.2011, in which Agenda No. 8 and i