JUDGMENT :

SANDEEP KUMAR, J.

In this case, the petitioner has challenged the punishment order dated 25.05.2022 issued by the Joint Secretary-cum- Director (Adm.) whereby the petitioner has been awarded the punishment of withholding of five (5) increments with cumulative effect as well as the order dated 01.09.2022, also issued under the signature of the Joint Secretary-cum- Director (Adm.) by which the review preferred by the petitioner against the aforesaid punishment order has been rejected. The petitioner has further prayed that the departmental proceeding initiated against him in pursuance of the memo of charge contained in memo no. 6159 dated 11.09.2020 be quashed and to direct the respondents to provide all consequential benefits. Furthermore, the petitioner has also challenged the show cause notice dated 13.09.2022 issued by the Joint Secretary-cum- Director, Prison and Reform Services Directorate, Bihar through which an explanation has been sought from the petitioner as to why he be not paid anything except subsistence allowance for the period of suspension as well as the order dated 20.12.2022 passed by the Joint Secretary-cum-Director, whereby it has been directed that during the period of suspension the petitioner will be paid nothing except subsistence allowance.

2. The brief facts of this case are that while the petitioner was posted as Jail Superintendent at Hajipur Jail on 03.01.2020, in the afternoon, one prisoner namely, Manish Kumar @ Netaji @ Telia was shot dead inside the jail by another prisoner namely, Raja Babu. Upon enquiry, it came to light that one Jail Staff namely, Raj Kumar, who was posted as Warder in the Hajipur Jail, in conspiracy with prisoner - Raja Babu, had supplied the firearm which was used in the incident. Immediately, after the incident, a search was conducted by the District Magistrate, Vaishali and the Superintendent of Police, Vaishali during which a recovery/confiscation of 1 pistol, 2 live cartridges, 4 empty cartridges, 6 mobile phones, 2 chargers, 2 small steel scissors, 1 clay pipe (chilam), 2 iron chisels and other prohibited articles was made inside the jail premises. Thereafter, a joint report dated 04.01.2020 was prepared by the District Magistrate, Vaishali and the Superintendent of Police, Vaishali regarding the incident dated 03.01.2020 of shooting of prisoner was submitted to the Additional Chief Secretary, Home Department, Bihar, Patna vide letter dated 05.01.2020 and a copy of the same was also sent to the I.G., Prison, Bihar, Patna. Again, on 05.01.2020, in light of the direction given by the Additional Chief Secretary, Home Department, Bihar, a surprise inspection of District Jail, Hajipur was conducted by a team headed by the District Magistrate, Vaishali and the Superintendent of Police, Vaishali. During the surprise inspection, 3 mobile phones, 1 earphone, 1 USB and other restricted materials were recovered and the petitioner was found guilty for recovery of objectionable/prohibited items inside the jail premises and the inspecting team also found multiple loopholes/lapses in the infrastructure and security of the jail. On the basis of the aforesaid inspection report, the petitioner was suspended in contemplation of disciplinary proceeding vide order dated 14.01.2020 and show cause notice was issued to the petitioner on 18.04.2020, which was responded to by the petitioner on 22.06.2020. Finding the response of the petitioner to be unsatisfactory, the respondents vide resolution dated 11.09.2020, initiated a departmental proceeding against the petitioner under the provisions of Bihar C.C.A. Rules, 2005 and issued the memo of charge against the petitioner.

3. The charges levelled against the petitioner were as under:-

4. After enquiry, the Enquiry Officer submitted his report vide letter dated 22.11.2021 finding the charge no.1 to be proved and rest four charges to be partially proved. Thereafter, the second show-cause notice was issued to the petitioner along with the en