IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR, J.
CWJC No. 16582 of 2024
(21.11.2025)
Kusum Kumari ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Service Law – Departmental Proceeding – No evidence adduced in support of the memo of charge in the departmental proceeding rather the F.I.R. which has not yet culminated into a charge-sheet, has solely been relied without adducing or recording the statement of witnesses – The petitioner has denied the charges leveled against her, hence it was incumbent upon the respondent department to prove the charges on the threshold of preponderance of possibilities based on the relevant materials – Since the Enquiry Officer has failed to adduce any material in support of the charges, the finding of the Enquiry Officer holding the petitioner guilty is totally perverse and as such the consequential orders of disciplinary authority cannot be sustained – Even the disciplinary authority has failed to appreciate relevant materials before arriving at a conclusion that the petitioner is guilty of the charges leveled against her – Though the second enquiry was initiated on the ground that the witnesses/sevikas were not examined but from the second enquiry report, it appears that still no witnesses/sevikas have been considered while arriving at a conclusion of guilt – In the F.I.R. the investigation still going on for the last 15 years and even the charge-sheet has not been filed – Accordingly, impugned orders of dismissal set aside – Petitioner held entitled for all consequential benefits. (Paras 17, 18 & 19)
Sandeep Kumar, J.—This writ petition has been filed for the following reliefs:—
A. A writ in the nature of certiorari or any other appropriate writs(s) / order(s)/direction(s) for quashing the followings:—
(i) The second inquiry report dated 22.08.2014, contained in Letter No. 3801, submitted in Department Proceeding No. 04 of 2013, holding that the charge leveled against the petitioner is proved;
(ii) The order dated 26.03.2018, contained in Memo No. 1851, passed by Additional Secretary, Social Welfare Department, Bihar, Patna, by which petitioner has been dismissed from the service;
(iii) The order dated 13.09.2024, contained in Memo No.4513, passed by Joint Secretary, Social Welfare Department, Bihar, Patna, dismissing the review petition, filed by the petitioner, in compliance of the order dated 30.04.2024, passed in C.W.J.C. No. 8257 of 2018.”
B. A writ in the nature of mandamus or any other appropriate writs(s) / order(s) / direction(s) for the followings:—
(i) To hold that the orders under challenge, contained in Annexure-P18, P22 and P24 are non-nest in the eye of law,
(ii) To hold that orders under challenge are illegal and without jurisdiction;
(iii) To hold that orders under challenge are arbitrary and malicious one.
(iv) To hold that mere institution of criminal case which is under investigation for last more than 15 years, cannot be sole ground for major punishment.
(v) To hold that the petitioner is in continued service till her retirement and she is entitled to full salary and all consequential benefit with up to date penal interest.
(vi) To hold that orders under challenge are none speaking one.
(vii) To hold that orders under challenge are contrary to the evidence on record.”
2. It is the case of the petitioner that she was appointed as Child Development Project Officer (C.D.P.O) on 19.05.2008 and was posted at Bettiah and was further given an additional charge of CDPO, Gaunaha. However, one Indu Kumari, the then BDO, Gaunaha, who was holding the charge of C.D.P.O. Gaunaha, was not handing over the aforesaid charge to the petitioner, which was duly reported to higher authorities. After intervention of the District Magistrate and District Programme Officer, the petitioner was able to assume the aforesaid additional charge which caused serious annoyance to the then B.D.O.- Indu Kumari.
3. It is the further case of the petitioner that the then B.D.O.- Indu Kumari had received a secret information regarding illegal collection of money being carried out at the instance of the petitioner, head assistant and other persons posted at the said office. Acting upon the said secret information, the then BDO reached the office of CDPO, Gaunaha on 25.06.2009 and found Rs.43,750/- along with three pages containing details of collection made from 67 Sevikas. It is further submitted that this incident was video-graphed also and based on the statement of the then BDO, Gaunaha P.S. Case No.23 of 2009 (Special Case No. 25 of 2009) was registered and the investigation of the case is still pending. Consequently, the petitioner was suspended vide order dated 03.07.2009 and a departmental proceeding was initiated against her vide order dated 06.07.2009. The petitioner appeared in the departmental proceedings and submitted a detailed show cause reply.
4. It is the further case of the petitioner that after considering all material facts, the enquiry report dated 18.04.2011 was submitting wherein the charges against the petitioner were not found to be true and accordingly, recommendation was made for revoking the suspension of the petitioner. However, differing with the findings of the enquiry officer, the disciplinary authority vide order dated 20.01.2012 ordered for fresh departmental enquiry for the reason that the statement of witnesses i.e. Sevikas were not examined during the disciplinary proceeding. During the pendency of the reinquiry, the suspension of the petitioner was revoked and she was ordered to give her joining to the concerned office o
Kumar Upendra Singh Parimar vs. B.S. Cooperative Land Development Bank Ltd.
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....
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 fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
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.