Disciplinary actions must adhere to procedural fairness and natural justice principles; failure to conduct a proper inquiry invalidates the imposition of penalties.

ORDER :

Harish Kumar, J.

This Court has heard Mr. Mrigank Mauli, learned Senior Advocate with Mr. Rakesh Kumar Singh, learned Advocate for the petitioner, and Mr. Manoj Kumar, learned Advocate for the State.

2. The petitioner is aggrieved with the order dated 03.07.2017 as contained in Memo No. 8003 dated 04.07.2017 issued under the signature of the Under Secretary, General Administrative Department, Government of Bihar, Patna, (respondent no.6), whereby the petitioner has been inflicted with the punishment of censure for the year 2012-13 and withholding of one increment of pay without cumulative effect. The petitioner also sought quashing of the order dated 09.07.2021 issued by the respondent no.6, by which the review preferred by him in terms of Rule 24(2) of the Bihar Government Servants (Classification, Control and Appeal Rules), 2005 (for brevity ‘the Rules, 2005’) came to be rejected.

3. The brief facts, which led to the filing of the present writ petition, are that the petitioner joined the Bihar Administrative Service long back in the year 2000. While the petitioner was posted as Deputy Collector Land Reforms (DCLR), Sadar, Darbhanga, the District Magistrate, Darbhanga through his Memo No. 643 dated 26.02.2013 issued a public notice for “Settlement of Sairats” for the financial year 2013-14 at district, sub-division and block level within the district of Darbhanga. The aforesaid settlement was to be done through open tender on 12.03.2013, 19.03.2013 and 25.03.2013. The petitioner being the DCLR, Sadar Darbhanga, was also directed with other officials to ensure that the settlement of Sairats must be done in the blocks falling under his jurisdiction on stipulated dates; direction was also issued to publicize this event at mass level. Altogether, 65 Sairats situated under three sub-divisions of Darbhanga district, namely, Darbhanga Sadar, Biraul and Benipur were directed to be settled. The petitioner was to ensure the settlement of 24 Sairats falling under the Darbhanga Sadar. In consequence to the directives as contained in Memo No. 643 dated 26.02.2013, total 12 Sairats were settled by the petitioner, out of which 5 Sairats were having minimum fixed value of more than Rs.50,000/-. Subsequent to the settlement in the month of July, 2013, the petitioner was transferred to Kahalgaon, Bhagalpur.

4. In the meantime, based upon the Letter no. 1444 dated 28.12.2013 issued by the Commissioner, Darbhanga Division, addressed to the Principal Secretary, General Administrative Department, Government of Bihar, Patna, showing alleged illegality in the settlement of Gausha Ghat Mela Sairat, a show-cause notice as contained in Letter no. 2323 dated 18.02.2014 was served upon the petitioner by which he was directed to submit his explanation. Pursuant thereto, the petitioner submitted his reply with a categorical averment that no illegality has been committed in the settlement of Sairats in question. The explanation of the petitioner did not find favour and vide Letter no. 6749 dated 12.05.2016, the petitioner was served with ‘Prapatra K’ along with other documents. In response to the notice containing “Prapatra K’, the petitioner submitted his detailed reply on 30.05.2016 rebutted the allegation, inter alia, that the charges levelled against him are unfounded, based upon wholly incorrect facts. However, the explanation/reply of the petitioner did not persuade the disciplinary authority and finally the impugned order of punishment came be to be passed on 03.07.2017.