Sujit Kumar Jha vs State of Bihar - 2025 Supreme(Pat) 1362

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Pat) 1362

SANDEEP KUMAR
Sujit Kumar Jha – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioner: M/s Jitendra Prasad Singh, Sr. Adv., Venkatesh Kaushik.
For the Respondents: Mr. Md. N.H. Khan, S.C.-1.

ORDER

Heard Mr. Jitendra Prasad Singh, learned Senior counsel for the petitioner and Mr. Fazle Karim, learned A.C. to S.C.-1.

2. The present petition has been filed for the following reliefs: –

“(i) For setting aside the resolution dated 09.11.2022 (Annexure-6) contained in Memo No.11271 passed by the Joint Secretarycum- Director (Prison) (Respondent No.2) whereby and whereunder an order of punishment for withholding of four increments of pay with cumulative effect has been awarded to the petitioner in exercise of power Under the provisions of the Bihar Govt. Servants (Classification, Control and Appeal) Rules, 2005 hereinafter referred to CCA Rules”

3. The petitioner was posted as Jail Superintendent in Katihar Jail. At that time, a disciplinary proceeding was initiated and charge memo containing four charges was served, under Rule 17(3) of the C.C.A. Rules in Prapatra 'Ka' on 02.06.2020, alleging therein that a video went viral on social media about the quarrel which took place on 30.8.2017 between the prisoners and as such, the petitioner has violated the provisions of Bihar Jail Manual in performing his duties. The aforesaid proceeding was initiated vide resolution dated 08.03.202