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2024 Supreme(Pat) 1147

IN THE HIGH COURT OF JUDICATURE AT PATNA
ANJANI KUMAR SHARAN, J.
CWJC No.468 of 2020
(23.9.2024)
Basudeo Prasad Sah @ Vasudeo Prasad Sah ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates Appeared:
For the Petitioner: Mr. Ranjan Kumar Jha.
For the Respondents: Mr. Prabhakar Jha (GP-27).

Headnote:

Bihar Pension Rules, 1950 – Rule 43(a) – Forfeiture of pension – Bribe charges – No enquiry report has been produced neither any of witness has been examined in departmental proceedings – Even Vigilance Officer was not examined and only on the basis of FIR, petitioner was sent to judicial custody – No inquiry report and show cause was given petitioner to defend his case – Impugned order quashed – Petitioner held entitled to get all consequential benefits – Authority concerned directed to sanction full pension and gratuity apart from all other consequential benefits to petitioner within a period of three months – Writ Application allowed. (Paras 24, 25 and 26)

Anjani Kumar Sharan, J.—Heard learned counsels for the parties.

2. The present writ application has been filed on behalf of the petitioner for the following reliefs:—

(i) For quashing of the order contained in memo no.2315 dated 25.08.2015, issued under the signature of the District Programme Officer (Establishment), Education Department, Bhagalpur, whereby the pension of the petitioner has been forfeited under the provisions of Rule 43(a) of the Bihar Pension Rules.

(ii) For directing the respondent to produce a copy of enquiry report contained in letter no.157 dated 17.11.2012 and further be pleased to quash the same as the same is perverse and based upon no evidence.

(iii) For directing the respondents to sanction full pension and gratuity to the petitioner apart from other consequential retirement benefits payable to him.

(iv) For any other writ, order or direction which may deem fit and proper in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits the case at length is that petitioner was working as Headmaster of the Middle School Ratanganj-cum-Drawing and Disbursing Officer, he was arrested by the Vigilance Investigation Bureau while accepting bribe on 27.09.2011. Accordingly, Vigilance P.S. Case No.74 of 2011 was registered under Section 7/13(2) read with 13(1)(d) of the Prevention of Corruption Act. Thereafter, the petitioner was put under suspension vide office order contained in letter no.1009 dated 01.10.2011 issued under signature of the District Programme Officer (Establishment), Human Recourse Development Department, Bhagalpur. (Annexure-P-1 of the writ application).

4. He further submits that petitioner was granted bail in the aforesaid Vigilance case vide order dated 19.04.2012 passed in Cr. Misc. No.42485 of 2011. (Annexure-P-2 of the writ application). After release from custody on 21.04.2012, petitioner submitted his joining before the Block Education Officer, Sanhaula, Bhagalpur on 24.04.2012. (Annexure-P-3 of the writ application).

5. The District Programme Officer (Establishment), Education Department, Bhagalpur issued prapatra “Ka” against the petitioner vide memo no.2688 dated 18.09.2012 for the charge of (1) arrested red handed by the Vigilance Investigation Bureau while accepting bribe and (2) for languishing in judicial custody since 27.09.2011 to 21.04.2012. In this context, neither the copy of documents nor list of witnesses were served upon the petitioner upon which the charges are proposed to be proved. (Annexure-P-5 of the writ application).

6. He further submits that petitioner submitted reply of the show cause explanation before the Programme Officer, Establishment, Education Department, Bhagalpur on 18.10.2012 by denying each and every charges by raising demand of certain documents as incorporated in para-6 in order to submit detailed reply of each and every charge levelled against him but the documents were not provided to the petitioner. (Annexure-P-6 of the writ application).

7. The Programme Officer, Establishment, Education Department, Bhagalpur vide letter contained in memo no.143 dated 18.10.2012 issued reminder to petitioner for submitting reply to the charge memo. In response thereto, petitioner submitted an application on 20.10.2012 informing him that some documents were demanded by the petitioner on 18.10.2012 but till date documents were not provided enabling him to submit detailed reply to the charges. (Annexure-P-7 series).

8. He further submits that after conducting inquiry, the Inquiry Officer has submitted report vide letter no.157 dated 17.11.2012 but neither copy of inquiry report was served upon the petitioner nor any show cause was issued to him.

9. The District Programme Officer, Establishment, Education Department, Bhagalpur vide office order contained in memo no.2964 dated 12.06.2013 revoked the suspension of the petitioner from the date of joining in the headquarter i.e. 24.04.2012 by keeping him under departmental inquiry and apart from that he

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