IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 923 of 2023 ======================================================

Birendra Kumar Son of Late Ram Lakhan Sah Resident - Near Shiv Hanuman Mandir, New Area Shikandarpur, Akharaghat Road P.S.- Muzaffarpur Town, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary General Administration Department, Govt. of Bihar, Patna.

3. The Joint Secretary, General Administration Department, Govt. of Bihar, Patna.

4. The Deputy Secretary, General Administration Department, Govt. of Bihar, Patna.

5. The Secretary, Board of Revenue, Govt. of Bihar, Patna.

6. The Deputy Secretary, Board of Revenue, Govt. of Bihar, Patna.

7. The Under Secretary Board of Revenue, Govt. of Bihar, Patna.

8. The Departmental Enquiry Commissioner, Bihar, Patna-cum-Enquiry Officer.

9. The Presenting Officer, Board of Revenue, Govt. of Bihar, Patna.

10. The Deputy Secretary-cum-Centre Superintendent, Central Examination Committee (Board of Revenue), Bihar.

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

Appearance :

For the Petitioner/s : Mr Lalit Kishore, Sr Advocate with Mr Ranjeet Kumar Pandey, Advocate For the Respondent/s : Mr Sheo Shankar Prasad, SC VIII with Mr Sanjay Kumar, AC to SC VIII ======================================================

CORAM: HONOURABLE MR JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 05-02-2026 Heard the parties.

2 The present writ petition has been filed for the following reliefs :

“(i) For issuance of writ/writs, order/orders or direction/directions in the nature of certiorari for setting aside Resolution as contained in Memo No 6187 dated 22.04.2022 issued under the signature of Under Secretary to the Government, General Administration Department, Government of Bihar whereby and where under an application filed by the petitioner to reconsider order of punishment awarded to the petitioner vide Resolution as contained in Memo No 12113 dated 10.09.2018 has been rejected merely on the ground of limitation without considering merit of the application.

(ii) For issuance of writ/writs, order/orders or direction/directions in the nature of certiorari for setting aside Resolution as contained in Memo No 12113 dated 10.09.2018 issued under the signature of Under Secretary to Government, General Administration Department, Government of Bihar whereby and where under the petitioner has been awarded major penalties of withholding three pay increments with cumulative effect and further stoppage of promotion for three years from the due date under Section 14 of the Bihar CCA Rules 2005.

(iii) For any other relief/reliefs for which the petitioner may be found entitled to in the eye of law and in the facts and circumstances of the case may also be granted in favour of the petitioner.”

3 At the outset, the learned Senior Counsel for the petitioner submits that the petitioner, while posted as Probationer Deputy Collector, Munger, the Central Examination Committee (Board of Revenue), Bihar conducted second half yearly departmental examination 2011 for gazetted officers from

01.02.2012 to 04.02.2012 in which the petitioner appeared on 02.02.2012 in the first sitting at the designated center at Patna. The petitioner and three other persons were found indulged in cheating, therefore, were expelled from the examination on the ground of misconduct vide office order No 03 (Camp) dated 02.02.2012 issued under the signature of the Center Superintendent, Rajkiya Kanya Uchcha Vidyalaya, Shastri Nagar, Patna. A show cause notice contained in Memo No 3647 dated 06.03.2012 was issued under the signature of the Officer on Special Duty -cum- Deputy Secretary to the Government, General Administration Department, Government of Bihar, Patna by which the petitioner was asked to submit his reply to the show cause within one week. Along with the show cause notice, letter No 06 (Camp) dated 03.02.2012, let