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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6465 of 2022

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Vijendra Paswan Son of Late Lalji Paswan, resident of Village- Rupaspur,

Police Station- Rupaspur, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Information and Public

Relation Department, Government of Bihar, Patna.

2. The Principal Secretary-cum- Appellate Authority, Information and Public

Relation Department, Government of Bihar, Patna.

3. The Director-cum- Disciplinary Authority, Information and Public Relation

Department, Government of Bihar, Patna.

4. The Deputy Secretary-cum- Inquiry Officer, Information and Public

Relation Department, Government of Bihar, Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Rajeev Shekhar, Advocate

For the State : Mr. S.K. Mandal (SC-3)

Mr. Bipin Kumar (AC to SC-3)

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 29-01-2026

Heard learned 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 issuance of writ in the nature

of certiorari for quashing of the

Enquiry Report dated 13.12.2018

(Annexure-4); for quashing of the

order dated 13.03.2019 contained in

Memo No. 480 (Annexure-6) passed

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by the Disciplinary Authority,

whereby the punishment of

compulsory retirement has been

imposed upon the petitioner,

including the supplementary order

dated 15.03.2019 contained in Memo

No. 513 (Annexure-7); for quashing

of the appellate order dated

07.10.2021 contained in Memo No.

979 (Annexure-9), whereby the

appeal of the petitioner was rejected

and order of the Disciplinary

Authority has been upheld.

II. Upon quashing of the aforesaid

memos, issuance of direction to the

respondents to reinstate the petitioner

with all admissible benefits.

III. For any other relief or reliefs to

which the petitioner is entitled in the

facts and circumstances of the case.”

3. Learned counsel for the petitioner submits that

the petitioner was working on the post of Peon in the office of

Information and Public Relation Department, Government of

Bihar, Patna at the relevant period of time. He submits that vide

order dated 09.07.2018 and further vide office order dated

10.09.2018, Prapatra-Ka has been issued to the petitioner with

the specific charges that he has helped his superior namely, Mr.

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Kanhaiya Kumar for earning illegal money, due to which a

departmental proceeding was initiated by appointing

Conducting Officer & Presenting Officer to enquire into the

matter. Counsel submits that the petitioner has submitted his

defence/written statement on 24.07.2018 as well as he has also

submitted his explanation on 01.11.2018 before the concerned

authorities. But, the Enquiry Officer has found the charges

proved against him. Counsel submits that upon receiving the

enquiry report, the petitioner was asked second show cause on

30.01.2019 and he has submitted his reply on 14.02.2019. But,

the Disciplinary Authority vide order dated 13.03.2019

contained in Memo No. 480 imposed the punishment of

compulsory retirement and subsequently, the supplementary

order has been passed vide order dated 15.03.2019 contained in

Memo No. 513, whereby, it was ordered that no payment shall

be made to the petitioner during the period of suspension except

for subsistence allowance. Counsel further submits that the

petitioner has challenged the order of the Disciplinary Authority

before the Appellate Authority, but the Appellate Authority has

also rejected the appeal of the petitioner vide order dated

07.10.2021 contained in Memo No. 979. Thereafter, the

petitioner moved before this Hon’ble Court by filing the present

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