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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6480 of 2022

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Suresh Prasad Son of Jagu Prasad Resident of Village- Meskaur, P.S.-

Meskaur, District- Nawada.

... ... Petitioner/s

Versus

1. The State of Bihar through the Additional Chief Secretary, General

Administration Department, Patna.

2. The Additional Secretary, General Administration Department, Patna.

3. The Deputy Secretary, General Administration Department, Patna.

4. The Under Secretary, General Administration Department, Patna.

5. The Divisional Commissioner, Bhagalpur Division, Bhagalpur-cum-Enquiry

Officer.

6. The District Magistrate, Jamui-cum Presenting Officer.

7. The Secretary, Bihar Public Service Commission, Bailey Road, Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Indu Bhushan, Advocate

For the Respondent/s : Dr. Mankeshwar Tiwari, AC to AAG-3

For the BPSC : Mr. Sanjay Pandey, Advocate

Mr. Nishant Kumar Jha, Advocate

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 29-01-2026

Heard learned Counsel for the petitioner, learned

Counsel for the Bihar Public Service Commission and learned

Counsel for the State.

2. The present writ petition has been filed for

quashing the impugned order of penalty issued vide Memo

No.15068 dated 15.12.2021 as contained in Annexure-16 with

subsequent prayer to quash the review order contained in Memo

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No.3980 dated 15.03.2022 (Annexure-18). The further prayer

has been made to quash the enquiry report issued vide letter

No.262 dated 09.09.2021 as contained in Annexure-14.

3. Learned Counsel for the petitioner submits

that the report of the Enquiry Officer dated 09.09.2021, the

order passed by the Disciplinary Authority dated 15.12.2021 and

order passed by Review Authority dated 15.03.2022 are bad-in-

law due to the reason that it was the specific direction in the

resolution contained in Memo No.9673 dated 13.10.2020 that

for the purpose of departmental proceeding the Presenting

Officer shall be appointed by the District Magistrate. Counsel

submits that in this regard the enquiry report which is Annexure-

14, the disciplinary order (Annexure-16) and the reviewing

order (Annexure-18). It is not clear that who is the Presenting

Officer in the present departmental proceeding. Counsel submits

that any departmental proceeding conducted in absence of

Presenting Officer is bad-in-law as in this regard the Hon’ble

Division Bench of Patna High Court in the case of Upendra

Pandit Vs. the State of Bihar and Others vide order dated

05.09.2023 passed in L.P.A. No.507 of 2017 observe that any

punishment without appointment of Presenting Officer was a

clear and serious lapse of the provision of Rule 17 of the Bihar

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Government Servants (Classification, Control & Appeal) Rules,

2005 (hereinafter referred to as the ‘CCA Rules, 2005’).

Therefore, Counsel for the petitioner submits that the present

departmental proceeding has been conducted in absence of the

Presenting Officer and, hence, it is absolutely bad and fit to be

set aside.

4. Learned Counsel for the State, on the other

hand, submits that there is no substance in the argument of

learned Counsel for the petitioner. He submits that charge

memo has been issued completely in accordance with the CCA

Rules, 2005 as well as in the light of Regulation of 2017. He

further submits that the Enquiry Officer has well discussed the

charges and found all four charges well proved against him.

Learned Counsel for the State further submits that the second

show-cause has been issued after receiving the enquiry report of

the Enquiry Officer, Disciplinary Authority held punishment

against the petitioner of Censure for the year 2017-18 and

withholding of two increments of pay without cumulative effect.

He further submits that