IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7228 of 2016

======================================================

Shambhu Prasad Sahu Son of Sri Ram Lakhan Sahu At and P.O. Manik

Chowk, P.S. Runni Saidpur, District - Sitamarhi Bihar

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Biha, Old

Secretariat, Patna.

2.

The Principal Secretary, Department of Mines, Government of Bihar, Vikas

Bhawan, Patna

3.

The Principal Secretary, Department of Personnel and Administrative Re-

forms, Govt. of Bihar, Old Se

4.

Commissioner, Magadh Division, Gaya

5.

Additional Secretary, Department of Mines and Geology, Govt. of Bihar,

Patna

6.

Officer of Special Duty, Department of Mines and Geology, Government of

Bihar, Vikas Bhawan, Patna

7.

District Magistrate, Gaya

8.

Deputy Secretary, the Department of Mines and Geology, New Secretariat,

Patna

9.

Joint Secretary - Cum - Conduction officer, Department of Mines, New Sec-

retariat, Patna

10.

Mineral Development officer - Cum - Presenting officer, Headquarters,

Patna

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Mrigank Mauli, Sr. Advocate

Mr. Prince Kumar Mishra, Advocate

For the State

:

Mr. Sarvesh Kumar Singh, AAG-13

Mr. Tej Pratap Singh, AC to AAG-13

For the Mines Dept

:

Mr. Naresh Dikshit, Advocate

Mr. Brij Bihari Tiwary, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 19-04-2023

In the instant petition, petitioner has prayed for the fol-

lowing reliefs:-

" (i) For issuance of order, direction

or writ of certiorari or any other appropriate

Patna High Court CWJC No.7228 of 2016 dt.19-04-2023

2/7

writ for setting aside/quashing the resolution

contained in Memo No. 4083 dated 13.11.2014

passed by the Government of Bihar issued under

the signature of Respondent No. 5 whereby and

whereunder the petitioner has been imposed with

the punishment of dismissal from service under

rule of 14 (ix) of the Bihar Government Servant

(Classification Cotnrol and Appeal) (Amend-

ment) Rules, 2007.

(ii) For issuance of order, direction or

writ of mandamus or any other appropriate writ

for directing the respondent authorities to rein-

state the petitioner on the post of District Mining

Officer/In-charge Assistant Director with all

consequential benefit including arrears of salary

since the petitioner was prevented from carrying

out his duty during the intervening period for no

fault of his.

(iii) For issuance of order, direction or

writ of mandamus or any other appropriate writ

for directing the respondent authorities to pay

the full salary to the petitioner for the period of

suspension after setting aside the impugned or-

der contained in Memo No. 4083 dated

10.11.2014.

(iv) For any other orders or direction

which your Lordship may deem fit in the interest

of equity, justice and good conscience"

2. Petitioner was subjected to parallel proceedings like

criminal proceedings for the offences under the Prevention of Cor-

ruption Act, 1988 and departmental inquiry for misconduct. De-

partmental inquiry was concluded in imposition of penalty of dis-

missal from service. Feeling aggrieved by the dismissal order peti-

tioner has presented this petition.

3. Learned counsel for the petitioner submitted that

charge memo dated 16.01.2012 is not in accordance with the Bihar

Patna High Court CWJC No.7228 of 2016 dt.19-04-2023

3/7

Government Servant (Classification, Control and Appeal) Rules,

2005 (for short "Rules, 2005"). In other words, it is submitted that

charge memo is not consisting of statement of imputation, list of

documents and list of witnesses in support of the charge. On this

count itself, entire departmental proceedings are liable to be set

aside.

4. Per contra, learned counsel for the respondents re-

sisted the aforesaid contention an