IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3990 of 2024 ======================================================

Brajesh Kumar Vikal S/o R.K. Mishra, Resident of Mahesh Nagar, Road No.

02, Patliputra, Kehsri Nagar, Patna, P.O. and P.S.-Patliputra, District-Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Information and Public Relation Department, Government of Bihar, Patna.

2. The Director, Information and Public Relation Department, Government of Bihar, Patna.

3. The Accountant General, Government of Bihar, Patna.

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

Appearance :

For the Petitioner/s : Mr.Sanjeev Kr. Mishra, Sr. Adv.

Mr.Sourav Suman, Adv.

Ms.Pragati Patra, Adv.

For the Respondent/s : Mr.Nadim Sheraj, GP5 Mr.Shailesh Kumar, AC to GP5 Dr. Anand Kumar, Adv.

Ms. Vijayta Kumari, Adv.

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 12-02-2026 Heard Mr. Sanjeev Kr. Mishra, Learned Senior Counsel with Mr. Sourav Suman, Advocate for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed with the following reliefs:-

(i) To issue appropriate writ(s)/ order(s)/

direction(s) in the nature of Certiorari setting aside the entire departmental proceeding initiated vide Memo No. 252 dated 23.11.2021 (as contained Annexure- P/6) against the petitioner as the same is perverse and based on no evidence.

(ii) To issue appropriate writ(s)/ order(s)/

direction(s) in the nature of Certiorari quashing and setting aside the order dated 23.09.2022 passed vide letter no. 1291 (as contained in Annexure- P/19) whereby, punishment of withholding of two increments with non- cumulative effect has been imposed on the petitioner and the punishment order passed vide letter no. 1273 dated

25.08.2023 rejecting the Review application filed the petitioner without application of mind in a mechanical manner. (Annexure- P/21)

(iii) To issue an appropriate writ/order/

direction in the nature of Mandamus directing the Respondent Authorities to pay all consequential benefits to the petitioner including arrears of salary after taking into consideration all the promotions, increments and pay revisions applicable to the petitioner along with interest thereupon.

3. Learned Senior counsel for the petitioner submits that the petitioner was appointed as Bihar Information Officer in the year 2009 and discharging his duty to the best of his abilities and to the satisfaction of all his superiors. He further submits that this matter is relating to the year 2016-17, while the petitioner was then posted as In-charge Assistant Director (Advertisement Release) Head Quarter, Information and Public Relation Department, Patna. He further submits that relating to the work done in 2016-17, explanation was sought from the petitioner on 09.01.2018, in response thereof, the petitioner replied on 18.01.2018, requesting them to provide the relevant documents and again on 10.03.2018, he has also submitted other relevant documents in support of his innocence. He further submits that on 26.04.2018 vide letter No.363, the petitioner had submitted his detail representation to the concerned authority.

4. Learned Senior counsel further submits that the matter was relating to the advertisement on the occasion of Independence day of the year 2016-17. He further submits that every year, the advertisement used to come from the Government on the occasion of Independence day and a design was prepared by the then empanel agency and direction was made by the High Officials and after verbal approval, publication of the said advertisement was made. He further submits that publication was given in 39 newspapers/magazines including approved as well as non-approved. He further submits that after courts’ approval, design was made by the High Officials dated 13.08.2016 for publication through Whatsapp, but due to Holiday on 13.08.2016 (S