The court upheld the dismissal of a government employee, affirming that the inquiry followed procedural norms and was free from bias, emphasizing the limited scope of judicial review in departmental matters.

JUDGMENT :

(Bibek Chaudhuri, J.)

1. In the instant writ petition, the Petitioner has challenged the final order of dismissal from service, dated 18th January, 2023, passed by the Commissioner, in Service Appeal No. 91 of 2020, by virtue of which the Petitioner was dismissed from the post of Revenue Clerk, Ghorasahan, Motihari.

2. It is alleged by the Petitioner that the order passed by the Inquiry Officer and affirmed by the Disciplinary Authority as well as the Appellate Authority suffered from manifest arbitrariness, patent illegality and violation of the principles of natural justice.

3. The Petitioner has brought on record that previously, he filed a writ petition which was registered as C.W.J.C. No. 5388 of 2021 and the writ petition was disposed of reserving liberty to the Petitioner to prefer an appeal before the Appellate Authority within a stipulated period of time from the date of receipt of the said order. Accordingly, the Petitioner preferred a statutory appeal. The Appellate Authority affirmed the order of dismissal passed against the Petitioner.

4. In the instant writ petition, the Petitioner has challenged the order passed by the Appellate Authority on 18th

5. The Petitioner was a Revenue Clerk. It came to the notice of the Petitioner that the Circle Officer, Ghorasahan, Motihari had mutated a Government land in favour of some private persons. The Petitioner lodged a complaint on 6th October, 2017 before the District Magistrate, Motihari against the Circle Officer, Ghorasahan (Respondent No. 2) and Additional Collector, Motihari alleging, inter alia, that by mutating the names of private persons in respect of the Government land, the Government has incurred financial loss to the tune of Rs. 38,60,000/-. As the Petitioner dared to lodge such complaint against his immediate superior officers, he was placed under suspicion. After his suspension, he was served with a memorandum of charge which are as follows:-

“1/A. Shri Dinbandhu Pandey, revenue staff during the tenure of his charge of Halka 06-Ghorasahan, knowingly filed the Mutation Application No. 050111022081501254, Khata No. 08, Khesara No. 2063 area, 04 Dhur under Gairmajarua, contrary to the provisions prescribed in the Bihar Mutation Act, 2011 and Regulations made thereunder. By making report, the registration of Ghorasahan, Motihari, common land (Government land) has been approved and an attempt has been made to cause loss to the Government by this act.

1/B. In the Mutation Application No. 050111022081600218, the recommendation for approval of Namankaran (mutation) of land of Kabir Panthi Math, Ghorasahan, affiliated to Bihar State Religious Trust Board, has been given deliberately by Shri Pandey, whereas the concerned monastery is a public trust and despite knowing the full information, such mistake has been committed by him.

1/C. In Mutation Application No. 050111022081600347, recommendation for approval of transfer of name (mutation) of Gairmajarua owner (land) has been made by Mr. Pandey. The above act is an act of intentionally causing harm to the Government in violation of the interest of the Government. Therefore, the act of Mr. Pandey Office offends Bihar Government Employees Rules.

2. Office order with a Letter No. 877, dated 31.12.2016 by Shri Dinbandhu Pandey was illegally made by him, due to which the charge of Halka has not been complied with till now. By Letter No. 08 dated 09.01.2017, Letter No. 25 dated 16.01.2016, Letter No. 780 dated 25.09.2017, Letter No. 844 dated 16.10.2017 and Letter No. 70 dated 30.01.2018, Shri Pandey was directed to handover the charge, but he did not handover the charge which is indicative of arbitrariness, indiscipline and dereliction of duty.

3. Shri Pandey was absent without any permission after the order of Halka transfer. Due to his absence, all the important revenue works related to Halka-06 Khatiyan, computerized, public grievance redressal work, revenue recovery, mutation under RTPS and the LPC work were affected. Hi