Advocates:
['Kumod Kumar Shrivastaw', '', 'PUNIT KUMAR', 'DURGESH NANDAN AAG', '', 'Ajit Kumar']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6887 of 2020

======================================================

Krishna Kumar Singh, Male, aged about 67 years, Son of Late Ram Uchit

Mahto Resident of Village- Rampura, P.S.- Gopalpur, District- Samastipur,

Bihar, the then Junior Engineer, Minor Irrigation Division, Madhubani.

... ... Petitioner

Versus

1.

The State of Bihar through its Chief Secretary, Government of Bihar, Old

Secretariat, Patna.

2.

The Principal Secretary, Minor Water Resource Department, Government of

Bihar, Patna.

3.

The Chief Engineer, Minor Irrigation Department, Government of Bihar,

Patna.

4.

The Superintending Engineer, Minor Irrigation Department, Old Secretariat,

Patna.

5.

The Executive Engineer, Minor Irrigation Division, Madhubani.

6.

The Assistant Engineer, Minor Irrigation Division, Madhubani.

... ... Respondents

======================================================

Appearance :

For the Petitioner

:

Mr. Kumod Kumar Shrivastaw, Adv.

For the State of Bihar

:

Mr. Durgesh Nandan, AAG- XIV

======================================================

CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD

CAV JUDGMENT

Date : 31-08-2022

Heard learned counsel for the petitioner and learned

AAG- XIV representing the State of Bihar.

2. The petitioner seeks quashing of order dated 11-06-

2019 passed by the Deputy Secretary, Minor Water Resources

Department, Govt. of Bihar, Patna as contained in Annexure- 5 to

the writ petition, directing deduction of 10% of his pension for five

(05) years. The impugned order of punishment is pursuant to a

charge memo dated 07-04-2017, as contained in Annexure-1 to the

writ petition, issued post the petitioner’s retirement on 30-06-

Patna High Court CWJC No.6887 of 2020 dt.31-08-2022

2/6

2013.The charges on ‘Prapatra -Ka’ are in relation to the

petitioner’s services as Junior Engineer while posted in the Minor

Irrigation Division, Madhubani. The statement of imputation of

misconduct is that a Flying Squad made some inspection of 50

irrigation Schemes. The findings of Flying Squad was that the

payment had been made to the Contractor based on bill prepared in

accordance with the Measurement Book, wherein, 50 Surge tanks

were shown to be made of 8mm thickness plate whereas the Flying

Squad found the Surge tank to be made of 3 mm thickness plate.

This lapse allegedly caused loss of Government revenue. The

petitioner has responded to the same by his response dated

12-01-2018. He has raised the issue regarding proceedings being

not maintainable since the enquiry was in respect of allegations

more than 04 years old. He has also denied the allegations on merit.

In his response, the petitioner had stated that the findings of the

Flying Squad was without any opportunity to the petitioner and

based on alleged inspection behind his back. If the petitioner was

there he would have informed them that 8mm thickness diameter

has been mentioned by mistake as even in the estimate approved by

the Department, there is no mention of the thickness of M.S.

plate.Therefore, the finding of the Flying Squad that instead of

requisite thickness of M.S. plate (8 mm),the Contractor has used

Patna High Court CWJC No.6887 of 2020 dt.31-08-2022

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M.S. plate of thickness 3 mm and paid by the petitioner at rates

applicable to 8 mm thickness plate is without any basis whatsoever.

Mention of 8 mm thickness was nothing but a printing mistake.

The Enquiry Officer, vide report dated 06-10-2018, has held the

charges to be proved. The petitioner, thereafter, was allowed an

opportunity to submit second show cause, which was submitted by

the petitioner on 19-11-2018 reiterating the same submissions made

in his earlier response to the Enquiry Officer. Thereafter, the

petitioner has been visited with the impugned order of punishment

dated 11-06-2019. The Disciplinary