ORAL JUDGMENT

Date : 02-02-2026 Heard learned Sr. Counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following relief/s :-

“(i) For quashing the Show Cause Notice contained in Letter No. 1653 dated 29.06.2021 issued by Respondent Deputy Secretary, Cooperative Department, Government of Bihar invoking Rule-28 of the Bihar C.C.A. Rules , 2005 on the ground of being in breach of Rule -28 and thus a nullity in the eyes of law.

(ii) For quashing the Notification No. 1657 dated 30.06.2021 awarding punishment of reduction to a lower stage in the time of scale of pay for a period of 03 years on the ground that once the invocation of proceeding under Rule 28 C.C. Rule 2005 being illegal, without jurisdictiona nd a nullity in the eyes of law, all consequential orders including the punishment is also illegal based on the Principles of Sublato fundamento as settled by the Hon’ble Supreme Court in the case of State Vs. Davindar Pal Singh reported in 2011(14) SCC 770 (Para-107) holding that a void act cannot be validated by a subsequent steps.

(ii) For a direction to the Respondent Authority to restore the status of the petitioner in