IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12986 of 2017

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Gauri Shankar Vidyarthi Son of Late Nand Kishor Prasad, Resident of

Village-itimha, P.O.-Karma, P.S.-Nasariganj, District-Rohtas Sasaram.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors

2.

The Commissioner, Divisional Commissionary, Patna.

3.

The District Magistrate, District-Kaimur Bhabhua.

4.

The Sub-Divisional Officer, Mohaniya, District-Kaimur Bhabhua.

5.

The Deputy Development Commissioner, District Kaimur Bhabhua.

6.

The Senior Deputy Collector Establishment, District Kaimur Bhabhua.

7.

The Treasury Officer, District-Kaimur Bhabhua.

8.

The Block Development Officer, Adhaora, District-Kaimur Bhabhua.

9.

The Block Development Officer Ramgarh Block, District, Kaimur Bhabhua.

10.

The Block Development Officer, Nuwan Block, District-Kaimur Bhabhua.

11.

The District Certificate Officer, District-Kaimur Bhabhua.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Raj Kumar Mishra

For the Respondent/s

:

Mr. P.K. Verma, AAG-3

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 10-05-2022

Heard learned counsel for the respective parties.

In the instant petition, petitioner has prayed for the

following relief/reliefs:

“(a) A writ in the nature of certiorari

of any other appropriate writ(s), order or

direction to quash/set aside the order dated

27.06.2017 passed by the learned

commissioner, Patna (respondent no.2) in

Service Appeal No. 218 of 2015 as well as

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order vide Memo No. 672 Ested dated

8.5.2015 passed by the learned Collector,

Kaimur at Bhabhua, whereunder and

whereby the petitioner was dismissed from

his service.

(b) A further writ of Mandamus may

also be issued direction to the respondent to

restore/ the status continue the petitioner

service and pay all admitted dues with full

salary, D.A. alongwith interest thereon w.e.f.

18.11.2013 to till rejoining the service of the

petitioner.

(c) Any other relief or reliefs including

the cost of proceeding may be awarded in

favour of the petitioner.

(d) Any other appropriate writ(s),

order or direction as your Lordship may

deem fit and proper.”

The petitioner while holding the post of Najir, he

was subjected to disciplinary proceedings in framing six charges

on 29.01.2014 and it was served on the petitioner only on

07.02.2014. The petitioner had submitted his reply to the charge

memo on 20.10.2014. Thereafter, supplementary charge memo

was issued on 15.01.2015. The disciplinary authority was not

satisfied with the petitioner’s explanation, proceeded to appoint

inquiring and presenting officer to hold inquiry against the

petitioner on the alleged allegations and alleged charges levelled

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against the petitioner. The inquiring officer has submitted his

report. Based on the inquiring officer’s report, the disciplinary

authority proceeded to issue second show-cause notice seeking

petitioner’s reply on the inquiring officer’s report. The petitioner

submitted his explanation and it was not satisfied by the

disciplinary authority, Thus, disciplinary authority proceeded to

pass order of dismissal on 28.04.2015.

Feeling aggrieved and dissatisfied with the order of

dismissal, the petitioner preferred appeal before the appellate

authority and it was rejected by the appellate authority on

27.06.2017. In the light of these facts and circumstances, the

petitioner has questioned the validity of the disciplinary and

appellate authority’s order dated 28.04.2015 and 27.06.2017

respectively.

When the matter was taken up on 06.12.2021, the

following order was passed:

“Heard learned counsel for the

parties.

The