IMPORTANT POINT
Disciplinary authorities cannot impose both major and minor penalties simultaneously; violations of procedural propriety in inquiries can invalidate punitive actions.

JUDGMENT :

SANDEEP KUMAR, J.

1. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2. This application has been filed challenging the punishment order dated 22.12.2022, by which the petitioner has been visited with the punishment of withholding of five increments with cumulative effect and prohibition on promotion for five years from the due date of promotion. The petitioner has also challenged the inquiry report dated 02.05.2022, by which petitioner has been found guilty in the departmental proceeding as well as the memo of charge dated 28.08.2019. The petitioner has further challenged another purported charge memo dated 01.08.2019. The petitioner has also challenged the preliminary inquiry report dated 26.02.2019 and the letter dated 05.08.2019, by which additional relevant documents were recommended to be added in the memo of charge.

3. By way of filing an interlocutory application no.1 of 2025, the petitioner has also challenged the order dated 18.04.2023, by which the review petition filed by the petitioner challenging the punishment order was rejected. The aforesaid interlocutory application was allowed by a coordinate Bench of this Court vide order dated 05.05.2025.

4. The brief facts, relevant for the present petition, are that petitioner joined the Bihar Police Service as Dy.S.P. after qualifying the 45^th BPSC combined competitive examination and was posted as Sub-Division Police Officer, Kahalgaon, Bhagalpur wherein he was entrusted with the supplementary investigation of Kahalgaon P.S. Case No.337 of 2018. For the present purpose, suffice it is to state that in the aforesaid criminal case the allegation of overloading and illegal mining were levelled against the accused persons therein and during a raid conducted, several bank account passbooks, cash and other articles were seized. The petitioner while conducting the supplementary investigation submitted a “No Objection Certificate” to the concerned trial court for de-freezing the bank accounts of the accused person of Kahalgaon P.S. Case No. 337 of 2018. On the strength of such NOC, the accounts of the accused persons were de-freezed.

5. The thrust of the allegation is that the petitioner failed to take appropriate steps to confiscate the illegal amount and on the other hand issued an NOC, which led to the release of the aforesaid funds. On the allegation of such irregularities, dereliction of duty and suspicious conduct, a disciplinary proceeding was initiated against the petitioner. On 26.02.2019, a preliminary enquiry was conducted by the DIG, Bhagalpur wherein the petitioner was found to have conducted the supplementary investigation irregularly. Thereafter, the Inspector General of Police (Headquarters) vide his letter dated 27.02.2019 recommended for the suspension of the petitioner. According to the respondents, the Department of Home, Government of Bihar, sought draft memo of charge against the petitioner from the Director General of Police, Bihar vide its letter dated 06.06.2019. On 01.07.2019, the DIG, Bhagalpur sent his recommendation to the I.G., Headquarters for initiating a disciplinary proceedings against the petitioner. According to the respondents, on 01.08.2019, the draft memo of charges was sent to the Department of Home, Government of Bihar. In the meanwhile, the I.G., Headquarters sent certain additional relevant documents on 05.08.2019 for incorporating the same in the aforesaid draft memo of charge.

6. On 28.08.2019, a show cause notice along with memo of charge, list of witnesses and documents were served upon the petitioner. Responding thereto