JUDGMENT :

ANSHUMAN, J.

Heard learned Sr. Counsel appearing for the petitioner and learned counsel for the State.

2. The petitioner has filed the present writ petition with the following relief/s:-

“(a) Issuance of writ in the nature of certiorari for quashing/set aside the order dated 17.05.2022 passed by the learned court of the Appellate/Revisional Tribunal cum Hon'ble Minister, Revenue and Land Reform Department, Govt. of Bihar, Patna in Service Appeal Case No.33/2019-20 whereby and whereunder the learned tribunal has rejected the grievance of the petitioner without considering the material available on records and non-application of mind. The petitioner further prayed for quashing the punishment order dated 31.10.2019 as contained in Memo No.728 (NiO ko) passed by the Additional Secretary, Revenue and Land Reform Department, Govt. of Bhar, Patna (Respondent No.3) whereby and whereunder the Additional Secretary has not considered 2nd Show cause submitted by the petitioner and punished withholding three increments of pay with cumulative effect.

(b) Issuance of writ in the nature of mandamus commanding and directing the respondents to pay all consequential benefit of the petitioner from the date of punishment order i.e.31.10.2019.

(c) To grant any other relief/reliefs for which the petitioner is entitled to in the facts and circumstances of the case.”

3. Learned Sr. Counsel for the petitioner submits that the petitioner was initially appointed as Circle Inspector, Sangrampur Anchal (Munger), and duly joined his services on 21.09.1990. The petitioner has throughout discharged his duties with utmost sincerity, dedication, and integrity. While the petitioner was posted as Circle Officer, Ajam Nagar (Katihar), the District Magistrate, Katihar, issued a memo of charge (Prapatra-Ka), containing three Articles of Charge, thereby initiating a departmental proceeding against the petitioner. Thereafter, the Deputy Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna, forwarded the said memo of charge (Prapatra-Ka) to the petitioner with a direction to submit a show cause reply within a period of 15 days. In compliance with the said direction, the petitioner submitted his detailed reply to the show cause before the Deputy Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna, on 17.07.2014, within the stipulated period, specifically denying the allegations and praying for exoneration. Learned counsel further submits that notwithstanding the petitioner’s reply, the Special Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna, initiated a formal departmental proceeding under Rule 17(2) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as the ‘Rules of 2005’).

4. Learned Sr. Counsel further submits that during the pendency of the proceeding, the petitioner was transferred from the post of Anchal Adhikari, Ajam Nagar (Katihar), to the Consolidation Office, Dinara (Rohtas), where he joined as In- charge Consolidation Officer. The Additional Collector, Katihar, vide letter, directed the petitioner to appear on 18.08.2018 at 1:00 PM in connection with the departmental proceeding. The petitioner duly appeared on the scheduled date and submitted a written statement supported by relevant documents. Upon conclusion of the inquiry, the Conducting Officer, after examining the material on record submitted his report against the petitioner to be true. Learned Senior Counsel further submits that the Special Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna, issued a second show cause notice (Annexure-9 to the writ petition) to the petitioner without proper application of mind and in a purely mechanical manner. Pursuant to the said show cause notice, the petitioner submitted his reply on 16.01.2019 reiterating his defence and requesting for exoneration. However, the disciplinary authority, without considering the pet