Disciplinary authority must comply with procedural rules and consider the employee's response before imposing penalties; failure to do so renders the penalty invalid.

JUDGMENT :

(P.B. Bajanthri, J.)

Pursuant to our previous order dated 02.07.2024, cost of Rs. 2,000/- is remitted in the Patna High Court Legal Services Committee. Receipt of the same shall be kept on record.

2. Appellant has assailed the order of the learned Single Judge dated 16.07.2019 passed in CWJC No. 13296 of 2014. There is a short delay of about 59 days in filing LPA No. 1326 of 2019. Appellant has filed I.A. No. 01 of 2019 for condonation of delay of about 59 days.

3. For the reasons stated in the application read with the affidavit, delay of 59 days stands condoned. I.A. No. 01 of 2019 allowed.

4. With the consent of the learned counsels for the respective parties, LPA is taken up for final disposal.

5. Brief facts of the case are that appellant while working as a Block Development Officer at Rajgir in Nalanda District, the State Election Commission issued code of conduct. For discharging the election duties the concerned State Election Officer had requested large number of officers to provide vehicles for the purpose of conducting election. The appellant who was a Block Development Officer at Rajgir in Nalanda District, in providing a particular vehicle to the State Election Commission, there was a delay of about two hours. The same has been taken note of and proceeded to initiate departmental inquiry against the appellant. The inquiring officer held that charge levelled against the appellant was not proved. Resultantly disciplinary authority disagreed with the inquiring officer's report proceeded to issue show cause notice on 31.01.2012 and on receipt of appellant's reply proceeded to pass order while imposing the penalty of withholding of two annual increments without cumulative effect. Feeling aggrieved by the penalty dated 02.05.2012 appellant has invoked the remedy under writ jurisdiction in filing CWJC No. 13296 of 2014. The learned Single Judge proceeded to dismiss CWJC No. 13296 of 2014 on 16.07.2019. Hence, the present LPA.

6. Learned counsel for the appellant submitted that learned Single Judge has not appreciated the fact that the disciplinary authority has failed to comply Rule 18 of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (for short Bihar CCA Rules, 2005). Rule 18 of Bihar CCA Rules, 2005 is in respect of action on the inquiry report. The Disciplinary Authority is empowered to either accept the inquiring officer's report or if he is disagreeing in such circumstances, he was required to issue a notice to the extent of what is the error committed by the inquiring officer in not considering the relevant material and other things so as to enable the appellant to furnish his reply. The appellant had filed his reply to the show cause notice. However, perusal of the penalty order dated 02.05.2012 there is no iota of reference to the appellant's reply. In other words, it is a non speaking order. Be that as it may, disagreeing with the inquiring officer's report and issuance of show cause notice and seeking explanation procedure is defeated or empty formality undertaken by the disciplinary authority. This issue has not been examined by the learned Single Judge.

7. Learned counsel for the respondents resisted the aforementioned contention and submitted that appellant has been punished with a minor penalty. Therefore, sufficient reasons have been assigned in the penalty order dated 02.05.2012. Hence, no interference is called for insofar as order of the learned Single Judge dated 16.07.2019 passed in CWJC No. 13296 of 2014.

8. It is also submitted that having regard to the contention of the appellant to the extent that he failed to obey the orders of the officers of the State Election Commission in not providing vehicle timely resulted in disruption of State Election duty.

9. Heard the learned counsels for the respective parties. Undisputed facts are that appellant while working as a Block Development Officer at Rajgir in Nalanda district. State was facing election. State Election Commission