IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5300 of 2022 ======================================================

Md. Naseem Ansari son of Late Md. Wajid Ansari, resident of Village -

Bhabdepur Ward no. 23, P.S. - Sitamarhi Town, District - Sitamarhi.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Agriculture Department Govt. of Bihar, Patna.

2. The Principal Secretary, Agriculture Department, Govt. of Bihar, Patna.

3. The Director, Agriculture Department, Govt. of Bihar, Patna.

4. The Joint Director (Shashya), Agriculture Department, Govt. of Bihar, Patna -cum-conducting Officer.

5. The District Agriculture Officer, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate Md. Anisur Rahman, Advocate Mr. Sanjeeb Kumar Sanju, Advocate Mr. Bhaskar Sandilya, Advocate For the Respondent/s : Mr. Dhurjati Kumar Prasad (GP-14)

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 22-01-2026 Learned Counsel for the petitioner submits that he has filed three interlocutory applications. He submits that I.A. No.1 of 2004 has become infructuous as he is not pressing the same. He further submits that I.A. No.2 of 2024 was disposed off vide order dated 27.08.2024 but in the order sheet it has not been explicitly expressed. He further submits that I.A.

No.3 of 2024 has been disposed off on 01.07.2025.

2. Learned Counsel for the State has agreed on the contention of the learned Counsel for the petitioner.

3. As such, both Counsel jointly submit that in the light of the situation described above, this case is fully ready for hearing on the point of admission.

4. Heard learned Counsel for the petitioner and learned Counsel for the State.

5. The present writ petition has been filed for seeking direction to quash the departmental proceeding against the petitioner by virtue of notice issued under Memo No.862 dated 16.10.2020 (Annexure-14). The further prayer to quash letter No.60/GO dated 22.06.2020 (Annexure-13) by which the respondent No.6, Joint Director (Shashya)-cum-Conducting Officer has forwarded his enquiry report to respondent No.3 in the proceeding against the petitioner. Further prayer to quash the order issued by the respondent No.3, the Director Agriculture, Bihar, Patna, under Memo No.247 dated 27.05.2016 (Annexure- 4) by which he has granted sanction for prosecution against the petitioner in Vigilance Case No.44 of 2016. The further prayer, which has been added by virtue of I.A. No.2 of 2024, for quashing the order of punishment (Annexure-1 of I.A. No.2 of 2024) issued under Memo No.582 dated 19.07.2024 by respondent No.3, the Director Agriculture Bihar, Patna, by which petitioner was dismissed. Further prayer which has been allowed vide I.A. No.3 of 2024 to quash letter No.2(go)C-02- 176/2015 (part) 1001 dated 06.12.2024 (Annexure-4 of I.A. No.3 of 2024) by which the Memorial dated 06.09.2024 against the order of dismissal dated 19.07.2024 has been rejected.

6. Learned Counsel for the petitioner submits that the entire proceeding is absolutely defective and has been passed in gross violation of the established law of the land. He submits that the charge memo which is Annexure-4, has not been issued in compliance of Rule 17(3) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as the ‘CCA Rules, 2005’). He further submits that in the enquiry report neither the complainant has been examined or cross-examined nor any other material with regard to allegation against the petitioner has been produced before the enquiry Officer. He further submits that the Director, Agriculture Department, Government of Bihar, Patna has directed to take action against the petitioner who is not the competent authority as the petitioner belongs to Group-B post and the Director also. Therefore, he submits that