IN THE HIGH COURT OF JUDICATURE AT PATNA
ARVIND SINGH CHANDEL, J.
CWJC No.15856 of 2023
(7.2.2025)
Arvind Alok ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 – Rules 14(vi), 17 (3) and 17(4) – Bihar Framing of Articles of Charge against Government Servant Regulation, 2017 – Part (4)(B) – Stoppage of two annual increment – Petitioner joined on the post of Principal of I.T.I and a detailed notice pertaining to examination fee etc. for the scheduled examination SCVT, 2018 was affixed on a notice board – Certain allegations were made by some of the unsuccessful candidates that some of the employees of the I.T.I college collected illegal amount from the candidates – Some persons also made a video-graph and the same was also uploaded on the YouTube – Director of the Employment constituted a three member committee for making a comprehensive enquiry in connection with video, which was uploaded on the YouTube relating to the affairs of the I.T.I. college – On the basis of the enquiry report, the explanation was sought from the petitioner, which has been duly replied by the petitioner – Disciplinary authority initiate a departmental proceeding against the petitioner and inflicted the punishment of stoppage of two annual increment with cumulative effect – Enquiry Officer did not record any evidence and only on the basis of one enquiry report arrived at the conclusion that it was within the knowledge of the petitioner that some of the employees were taken illegal money from the candidates even after he did not take any action against those employees – Explanation to the charge submitted by the petitioner also shows that he categorically mentioned the fact that when he got knowledge of involvement of the alleged employee, he had already been transferred and relieved to other college and therefore, he was not entitled to take any action against those employees – However, the Enquiry Officer, the disciplinary authority as well as the appellate authority did not consider the explanation submitted by the petitioner – Enquiry Officer himself played the role of presenting officer, meaning thereby, he himself played the role of prosecutor as well as Judge, which is also bad in law – Petitioner has been punished for major penalty of stoppage of two annual increment with cumulative effect but neither the witness was examined nor any list of witness was provided to the petitioner and without recording of the evidence of any of the witness, the Enquiry Officer only on the basis of explanation allegedly made by the petitioner arrived at the conclusion that petitioner had knowledge of irregularities committed by the employees even after that he did not take any action – Both orders quashed – Writ application allowed. (Paras 8, 9, 10 & 12)
Arvind Singh Chandel, J.—Heard finally.
2. This petition has been preferred by the petitioner seeking following reliefs:—
“(i) Quashing of the Letter/order bearing Memo No. 2680 dated 27.12.2019 by which, the Director, Employment and Training, Labour Resources Department, Patna has framed the Memo of Charge in extreme derogation of the statutory requirement of decision on initiation of proceedings being taken by the Disciplinary authority, the Director without authority of law has constituted a Three Member Committee.
(ii) Quashing of the Resolution bearing Memo No. 1367 dated 28.07.2021 by which, on the basis of the defective Memo of Charge, the proceeding have been initiated under the provisions of Bihar Government Servant (Classification, Control and Appeal) Rules, 2005;
(iii) Quashing of the Enquiry Report dated 18.02.2022 as communicated vide Letter No. 501 by which, the Enquiry Officer, contrary to the procedural requirement under Rule 17 of the Bihar Government Servant (Classification Control and Appeal) Rules, 2005 has proceeded to continue with the Departmental Enquiry and submitted the perfunctory enquiry report in the absence of any participation by the presenting Officer.
(iv) Quashing of the Letter No. 830 dated 08.04.2022 by which, after lapse of two months of the submission of the enquiry report, the petitioner has been asked to submit the Second Show Cause Reply against the enquiry report without furnishing the relied upon documents by the Enquiry Officer which was annexed along with the enquiry report;
(v) Quashing of the consequential punishment order as contained in Resolution bearing Memo No. 441 dated 10.02.2023 by which, the Disciplinary Authority on the basis of the irregular Departmental proceedings, has inflicted a major penalty withholding of two increments with cumulative effect.
(vi) Quashing of the consequential order bearing Memo No. 2045 dated 24.07.2023 by which, the Disciplinary Authority/Government has dismissed the review filed by the petitioner without assigning any cogent reason; and
(vii) Restraining the respondents from giving effect to order dated 10.02.2023 as contained in Resolution bearing Memo No. 441 by which, the major penalty of stoppage of two increments with cumulative effect has been inflicted during the pendency of the present writ application.”
3. The brief facts of the case is that on 05.07.2016 the petitioner joined on the post of Principal of I.T.I, Begusarai and on 25.08.2018 a detailed notice pertaining to examination fee etc. for the scheduled examination SCVT, 2018 was affixed on a notice board. The examination was held as per scheduled and the result was declared on 15.04.2019. After declaration of the result, certain allegations were made by some of the unsuccessful candidates that some of the employees of the I.T.I. college were collected illegal amount from the candidates. Some persons were also made a video-graph and the same was also uploaded on the YouTube. The Director of the Employment and Training, Labour Resources Department constituted a three member committee for making a comprehensive enquiry in connection with video, which was uploaded on the YouTube relating to the affairs of the I.T.I. college. The committee submitted its report on 11.06.2019. No any adverse remarks was reported against the petitioner. However, the committee opined that the petitioner being a Principal did not take any action. Therefore, it may be presumed that he had given deemed consent. On the basis of the enquiry report, the explanation was sought from the petitioner, which has been duly replied by the petitioner vide Annexure-P/4. Subsequently, the Director, Employment and Training framed a Memo of Charge against the petitioner on 27.12.2019 and forwarded the same to the Deputy Secretary, Labour Resources Department, Government of Bihar for further necessary action. Subsequently, the memo was issued by the Deputy Secretary vide Memo No. 293 dated 11.02.2020 asking the petitioner to show ca
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
Procedural fairness in disciplinary inquiries mandates adherence to statutory requirements, including the presentation of evidence and opportunity for defense, failure of which invalidates the inquir....
Disciplinary proceedings must adhere to principles of natural justice, including fair hearing and consideration of evidence; non-compliance renders dismissal orders unsustainable.
Disciplinary proceedings require oral evidence for proving charges; failure to provide a witness list vitiates the inquiry, emphasizing adherence to natural justice standards.
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
Procedural errors in disciplinary proceedings violated natural justice, requiring the quashing of penalties and remanding for fresh consideration.
Disciplinary authorities must provide cogent reasons for disagreement with inquiry findings, ensuring fair process under applicable rules.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.