ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 09-01-2025 The State is aggrieved by the judgment of the learned Single Judge, which found that withholding of promotion is not a punishment, in accordance with Explanation (ii) of Rule 14 of the Bihar Government Servants (Classification, Control &

Appeal) Rules, 2005 (for brevity ‘CCA Rules’).

2. Mr. Anjani Kumar, learned Additional Advocate General-4, submitted that the Explanation has been erroneously interpreted. It is pointed out that withholding of promotion is a punishment under Rule 14(ii). The Explanation is only to ensure that when such withholding of promotion is made after consideration of a person; then it is not necessarily a punishment.

3. Shri Siya Ram Shahi, learned Counsel for the sole respondent-writ petitioner, seeks to uphold the impugned judgment. It is submitted that the punishment was imposed in the year 2018 and withholding is directed from the time when the employee is due for promotion, which would unnecessarily prejudice the respondent.

4. Brief facts have to be noticed and it is seen that three allegations were made against the employee. Charge sheet was issued and despite granting sufficient time, there was no response. The disciplinary authority imposed two punishments as against the three charges levelled, which were of withholding of three increments with non-cumulative effect and withholding of promotion for three years from the due date. Withholding of three increments with non-cumulative effect has worked itself out. The grievance is only with respect to the withholding of promotion from the due date.

5. We have also looked at Annexure-16 impugned order, which indicates that there were three allegations raised against the respondent. The first allegation was that on a specified date, when the water level of the Bagmati river was above the danger mark, the writ petitioner, who was the Sub Divisional Officer, Flood Control Sub-Division, Badlaghat, Khagaria, was not in station and not reachable on telephone; which was switched off. The delinquent was absent from the headquarters and work place and was not reachable, was the first charge. The second charge related to an erroneous report being submitted on the work carried out at a particular site. Despite information of the errors crept in, the respondent failed to correct it and the Executive Engineer-cum-Flood Control Division-2, Khagaria had to conduct an investigation and send a work report to ensure that the continuance of the work is not hampered. The delinquent was alleged to have been negligent in discharging his responsibilities. The third allegation was that the respondent was not present when the Chairman, Special Investigation Team, inspected the work site; again a charge of remaining absent from the headquarters without information. As against the three charges, two punishments were imposed, which we do not find inappropriate.

6. Rule 17 of the CCA Rules mandates a disciplinary enquiry, only when major penalties are imposed. The minor and major penalties are prescribed under Rule 14 and to the extent applicable in the present case, the rule is extracted hereunder along with the Explanation:-

“14. Minor and Major Penalties.- The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely:- Minor Penalties:-

(i) xx xx (ii) withholding of promotion;

(iii) xx xx (iv) xx xx (v) withholding of increments of pay with cumulative effect.

Explanation.- The following shall not amount to a penalty within the meaning of this Rule, namely:-

(i) xx xx (ii) withholding of promotion of a Government servant after consideration of his case to a service, grade or post for which he is eligible, whether he is in a substantive or in officiating capacity.”

7. From a plain reading of the rule, it is clear that withholding of promotion is a minor penalty, as stipulated in the CCA Rules. The explanation is by way of an abundant caution, when a wit