IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4553 of 2023 ======================================================

Ram Sumer Sharma Son of Late Bhuweneshwar Singh, Resident of 286A, Nehru Nagar, Patliputra Colony, Patna.

... ... Petitioner/s Versus

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

2. The Additional Chief Secretary, Home Department, Govt. of Bihar, Patna.

3. The Accountant General, Bihar, Patna.

4. The Divisional Commissioner, Purnea Division, Purnea.

5. The Inspector General, Home Department (Prison), Govt. of Bihar, Patna.

6. The Joint Secretary cum Director (Adm.), Home Department, Directorate of Prison, Govt. of Bihar, Patna.

7. The District Magistrate, Madhubani.

8. The Superintendent, District Jail, Madhubani.

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

Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate : Mr. Amresh Kumar, Advocate For the State : Mr. Ajay Kumar, AC to GP-4 For the A.G. : Mrs. Nivedita Nirvikar, Sr. Advocate : Mr. Aditya Raj, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 19-02-2026 Heard the parties.

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

(i). For issuance of writ in the nature of Certiorari for quashing the Resolution vide Gyapank No. 13880 dated 22.12.2022 issued under the signature of Joint Secretary cum Director (Adm.) as well as the resolution vide Gyapank No. 10600 dated 14.10.2022 issued by the Joint Secretary cum Director (Adm.) whereby and whereunder the Revision/ Memorial has been rejected and order of punishment dated 14.10.2022 has been confirmed for deduction of 20% from the pension of the petitioner for five years.

(ii). For a direction to the respondent authorities to stay the order dated 22.12.2022 as well as order dated 14.10.2022 till final decision in the present writ petition.

3. The learned counsel for the petitioner submits that the petitioner was appointed on the post of Assistant Jailor on 30.11.1983 through a competitive exam conducted by the Bihar Public Service Commission. The petitioner was promoted to the post of Jailor on 14.02.2008 and to the post of Jail Superintendent on 23.08.2017. He superannuated from service on 31.01.2019.

4. The learned counsel for the petitioner submits that the while the petitioner was posted as a Jailor in the District Jail, Madhubani, on 11.09.2012 he went to the office of the District Magistrate, Madhubani for some jail related work, but in the meantime, one prisoner, namely, Md. Sabir became traceless, for which a first information report was also lodged. However, after a few hours, the said person was found hiding in a bush in the jail premises itself. A departmental proceeding was initiated against the petitioner vide Memo No. 2404 dated 08.05.2013 issued under the signature of the I.G. (Jail), Bihar wherein certain charges were levelled against the petitioner. The disciplinary authority vide Memo No. 4941 issued under the signature of the I.G. (Jail), Bihar proceeded to award punishment of censure and stoppage of two increments with cumulative effect. It was further directed that during the period under suspension, the petitioner will not get anything, apart from whatever has been paid to him, however, the said period will be counted for payment of pension to the petitioner. Being aggrieved with the order passed by the disciplinary authority, the petitioner preferred service appeal before the Principal Secretary, Department of Home, Government of Bihar, Patna and finally the appeal preferred by the petitioner was rejected vide Memo No. 6724 dated 29.12.2014 issued under the signature of the Principal Secretary, Department of Home, Government of Bihar, Patna.

5. The learned counsel for the petitioner further submits that the petitioner filed a writ petition bearing C.W.J.C. No. 922 of 2015 whereby he challenged the entire department