Violation of procedural rules in disciplinary proceedings leads to nullification of dismissal orders.

ORAL JUDGMENT

Date : 31-01-2025 Heard Learned Senior Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed for quashing the order contained in Memo No.5628 dated 25.04.2014 issued by the General Administration Department, Government of Bihar (annexed as Annexure-P/12) by which the petitioner has been dismissed from service and further to set aside the order dated 06.11.2014 in Service Appeal Case No.26 of 2014 passed by the Member Board of Revenue, Patna, Bihar (annexed as Annexure-P/13) by which the petitioner’s appeal has also been dismissed.

3. Learned Senior Counsel for the petitioner submits that the petitioner was appointed as Secretariat Assistant at Patna in the Department of Labor. The Government of Bihar was subsequently, transferred him in Bihar Home Guards Headquarter, Patna and thereafter, petitioner was trapped by the raid party of the Vigilance Department, while taking bribe of Rs.1,000/- from a cook of Bihar Home Guards, Gaya on 13.09.2007 and on the basis of said allegation, charge memo (Prapatra-K) was framed and served upon the petitioner vide Memo No.708 dated 04.02.2008. Senior Counsel submits that reply was demanded from the petitioner and petitioner has submitted his reply which was denied and departmental proceeding has been initiated vide Letter No.3816 dated 29.07.2009. Senior Counsel further submits that petitioner appeared in the departmental proceeding and submitted his defence and ultimately after hearing the parties, Enquiry Officer submitted his enquiry report on 26.09.2011 declining to express opinion on the charges in view of the pendency of the criminal proceeding. The Departmental Authority, however, did not accept the report and vide order dated 18.10.2011, remitted the matter back to the Enquiry Officer to submit enquiry report in accordance with law.

4. Learned Senior Counsel for the petitioner further submits that petitioner again appeared in the departmental proceeding reiterated his defence, denying the charges and ultimately, second enquiry report was submitted on 08.05.2012 expressing agreement with the opinion of the earlier Enquiry Officer and refusing to record any findings upon the charges levelled against the petitioner. Senior Counsel submits that the Disciplinary Authority again however, did not accept the second enquiry report also and vide order dated 02.07.2012, directed the Enquiry Officer to submit a fresh report on the charges levelled against the petitioner. Senior Counsel further submits that the Enquiry Officer again recorded the findings and except the factum of lodging the criminal case against the petitioner, there was no other charge and it was not proper to express opinion on the said charge as it would affect the judicial proceedings. Senior Counsel submits that even after repeated opinions of the Enquiry Officer, the Disciplinary Authority/Department decided to initiate a new departmental proceeding against the petitioner vide Memo No.12184 dated 31.08.2012 by which, fresh charge- sheet was issued to the petitioner directed him to submit a show- cause, and thereafter, petitioner has again submitted his show-

cause. Senior Counsel further submits that actually no further proceedings in-fact was ever conducted by the Enquiry Officer as no evidence was taken and no witnesses were examined and neither the Enquiry Officer granted any opportunity to the petitioner of rebuttal and subsequently, an enquiry report was submitted on 26.02.2014 with finding that charges alleged in Prapatra-K has been established against the petitioner. 5. Learned Senior Counsel for the petitioner further submits that from the enquiry report, it shall transpire that findings of the Enquiry Officer is not based on any evidence and petitioner was demanded second show-cause, which petitioner has submitted, but rejecting his second show-cause, the order of punishment has been passed imposing dismissal from service to him. Thereafter, petitioner fi