IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5471 of 2025 ======================================================

Sujit Kumar Son of Ravindra Prasad, resident of Mohalla Mathiya Zirat, Police Station-Motihari (Town), District-East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Director, Secondary Education, Government of Bihar, Patna.

3. The Regional Deputy Director, Trihut Division, Muzaffarpur.

4. The District Education Officer, District-Sitamarhi.

5. The District Education Officer, District-Sheohar.

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

Appearance :

For the Petitioner/s : Mr. Rajendra Narayan, Sr. Advocate Mr.Virendra Kuar, Advocate For the State : Mr. K.K. Singh, AC to GP 22 ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI

CAV JUDGMENT

Date : 17-01-2026 The petitioner is an employee of the Education Department posted in the Office of the District Education Officer at Motihari. He has filed the instant writ petition invoking the jurisdiction of Article 226 of the Constitution, praying for issuance of an appropriate writ in the nature of certiorari for quashing the departmental proceeding initiated against him on the basis of the memorandum of charge, as the departmental authority has hopelessly failed to prove the proceeding against the petitioner.

2. The factual aspect that gives rise to the instant writ petition is as follows:-

On 01.02.2021, one Gulabudin made a complaint before the Additional Superintendent of Police-cum-SHO, Vigilance Investigation Bureau, Patna, Bihar, alleging, inter alia, that he was posted as a Peon at Madarsa Islamia Dariapur in the District of East Champaran. He deposited all documents for issuance of salary slip in the office of the District Education Officer. The District Education Officer, Motihari, asked him to talk to the petitioner for issuance of the salary slip. The petitioner demanded a bribe of a sum of Rs. 15,000/- for issuance of the salary slip. The concerned employee made a complaint before the Vigilance Investigation Bureau making the said allegation. The petitioner was arrested by a trap team constituted by the Vigilance Investigation Bureau on 11.02.2021, red-handed while receiving a bribe of Rs. 15,000/-. The petitioner was taken into custody and Vigilance P.S. Case No. 06 of 2021 was registered against him under Section 7(A) of the Prevention of Corruption Act. The said criminal case is still pending before the competent criminal court. As the petitioner was arrested in connection with a criminal case, he was put under suspension with effect from 12.02.2021. Subsequently, he was released on bail and his suspension was revoked. The petitioner was allowed to join in the office of the District Education Officer, Motihari, on 11^th October 2021. Subsequently, he was again put under suspension vide Memo No. 1602 dated 30^th November 2021. On 07^th February 2022, departmental proceeding was initiated against the petitioner by a memorandum of charge, and the District Education Officer, Sitamarhi, was appointed as Inquiry Officer, and the District Programme Officer, East Champaran, Motihari, was appointed as Presenting Officer. The memorandum of charge was supplied to the delinquent employee by the Inquiry Officer, and he was directed to submit a statement of defence against the memorandum of charge. It is contended by Mr. Rajendra Narayan, learned Senior Counsel for the petitioner, that the memorandum of charge was not framed as per Rule 17(3) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005. In the memorandum of charge, no list of witnesses was appended. In the list of documents, only reference to three internal letters was made.

3. During the disciplinary proceeding, the respondent authority did not produce any evidence or examine any witness in suppor