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Patna High Court

Animesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The disciplinary enquiry was vitiated by illegal sub‑delegation, unauthorized charge enlargement, and lack of evidentiary proof, and in light of the petitioner’s criminal acquittal, the punishment order was quashed.

Summary

The petitioner, a Bihar Administrative Service officer, challenged a disciplinary proceeding that imposed censure and withheld three increments on the basis of alleged disproportionate assets. The departmental enquiry was conducted by a Joint Commissioner after the disciplinary authority had appointed a Divisional Commissioner, and the charge was enlarged from Rs. 82.84 lakh to Rs. 1.20 crore without fresh sanction. The enquiry report relied on documentary calculations without examining any witnesses, and the petitioner was denied cross‑examination. The petitioner was later acquitted in a criminal trial on the same allegations. The Court held that the enquiry was illegal due to improper sub‑delegation, unauthorized charge enlargement, and failure to meet evidentiary standards, and that upholding the punishment would be unjust in view of the criminal acquittal. Consequently, the Court quashed the enquiry report, the punishment order, and the review rejection, granting the petitioner all consequential benefits.

Issues considered

  • The legality of the sub‑delegation of the departmental enquiry from the appointed Divisional Commissioner to a Joint Commissioner.
  • Whether the enlargement of the alleged disproportionate assets figure without fresh sanction vitiates the enquiry.
  • Whether the failure to examine witnesses and allow cross‑examination renders the enquiry report a nullity.
  • Whether a criminal acquittal on identical charges bars the continuation of disciplinary punishment.

Legislation cited

Subjects

  • disciplinary proceedings
  • disproportionate assets
  • departmental enquiry
  • Article 226
  • quashing order
  • sub‑delegation
  • procedural irregularity
  • criminal acquittal
  • burden of proof
  • major penalty

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.10493 of 2024
     ======================================================
     Animesh Kumar S/o Sri Bharat Bhushan Kumar resident of -H 01, Near
     Futani Chowk, Officers Colony Mirchaibari, Katihar, Katihar, Bihar, 854105.

                                                                      ... ... Petitioner
                                             Versus

1.   The State of Bihar through Principal Secretary, General Administration
     Department, Government of Bihar, Patna.
2.   The Principal Secretary, General Administration Department, Government
     of Bihar, Patna.
3.    The Additional Secretary, General Administration Department, Government
      of Bihar, Patna.
                                                             ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner        :        Mr. Santosh Kumar, Sr. Advocate
                                        Mr. Sourav Suman, Advocate
                                        Ms. Pragati Patra, Advocate
                                        Mr. Sushant Srivastava, Advocate
                                        Mr. Aalekh Anand, Advocate
     For the State             :        Mr. P.K. Verma, A.A.G.-3
                                        Dr. Mankeshwar Tiwari, A.C. to AAG-3
                                        Mr. Suman Kumar Jha, A.C. to AAG-3
                                        Mr. Raghwendra Kumar, S.C.-22
                                        Mr. Ravi Ranjan, A.C. to S.C.-22
     For the Union of India    :        Mr. Amish Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                         C.A.V. JUDGMENT
                                      Date : 15-05-2026

                          The present writ petition has been filed by the

      petitioner under Article 226 of the Constitution of India assailing

      the disciplinary proceeding initiated against the present

      petitioner,         primarily     on    the     allegation    of    amassing

      disproportionate assets, beyond the known sources of his income

      among other allegations, and the consequent punishment of

      censure and withholding of three increments with cumulative

      effect, imposed to him.
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                         2.      In this backdrop, the petitioner has invoked

         the writ jurisdiction of this Court by way of this petition, inter

         alia, praying for the following reliefs -:

                              “a. To issue appropriate writ(s) / order(s) /
                                 direction(s) in the nature of Certiorari quashing
                                 and setting aside the order dated 24.11.2023
                                 passed vide letter no.21626 (as contained in
                                 Annexure P/110 whereby, punishment of censure
                                 (2016-17) and withholding of three increments
                                 with cumulative effect has been imposed on the
                                 petitioner and further the review (sic) order
                                 passed vide letter no. 4120 dated 07.03.2024
                                 rejecting the Review Application filed by the
                                 petitioner without application of mind in a
                                 mechanical manner. (Annexure-P/14).
                              b. To issue appropriate writ(s) / order(s) /
                                 direction(s) in the nature of Certiorari setting
                                 aside    the     entire    departmental      proceeding
                                 initiated vide Memo No. 8063 dated 04.08.2021
                                 (Annexure-P/7) against the petitioner as the
                                 same is perverse.
                              c. For quashing the enquiry report of Joint
                                 Commissioner, Departmental Enquiry, Patna,
                                 dated 20.04.2023.
                              d. To issue appropriate writ(s) / order(s) /
                                 direction(s) 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
                                 as applicable to the petitioner along with
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                                    interest thereupon.
                              e.    To pass such order(s) direction(s) for which
                                    petitioner   is    entitled   in    the   facts    and
                                    circumstance of the instant case.”

                         3.         By way of an Interlocutory Application being

         I.A. No. 01 of 2025, in light of the subsequent acquittal of the

         petitioner, by the learned Special Judge, Vigilance, Patna, in

         Special Vigilance Case No. 45 of 2016 vide his judgment dated

         12.06.2025, and also in light of the judgment of the Hon'ble

         Supreme Court in Maharana Pratap Singh v. State of Bihar,

         reported as 2025 SCC OnLine SC 890, the petitioner has further

         prayed that the impugned order of punishment be declared non

         est in law and that he be granted the benefit of General

         Administration            Department      Notification        No.19300       dated

         13.10.2023 read with Notification No.636 dated 10.01.2024

         with retrospective effect, on parity with officers placed below

         him in the Bihar Administrative Service Cadre Civil List, 2024.

                         4.         The brief factual matrix relevant for the

         present purpose is that the petitioner, Animesh Kumar, is a

         member of the Bihar Administrative Service, having joined

         service on 08.01.1996 as Deputy Collector. From the year 2014

         to 2016, the petitioner was posted as District Transport Officer,

         Kaimur (Bhabhua). It is the case of the petitioner, that before the
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         subject disciplinary proceedings regarding the disproportionate

         assets, another disciplinary proceeding was initiated on the

         allegation of recovery of unaccounted excess amount of money

         from a check-post while he was posted as District Transport

         Officer, Kaimur (Bhabua).

                         5.      On 16.03.2016, the Vigilance Investigation

         Bureau, Patna, conducted simultaneous raids/searches at three

         places, namely the residence of the petitioner, his office at

         Bhabhua, and the Karmanasha Check Post at Kaimur. In the

         aforesaid search/raid, at the Karmanasha Check Post, a cash

         amount of approximately Rs. 60,80,450/- was recovered, out of

         which an amount approximately about Rs.5,28,000/- was treated

         by the Vigilance authorities as unaccounted excess.

                         6.      On the basis of the said recovery of

         unaccounted money on 16.03.2016, at the Karmanasha Check

         Post, Vigilance P.S. Case No. 41 of 2016 dated 08.04.2016 was

         registered under Sections 420, 409, 467, 468, 471 read with

         Section 120-B of the Indian Penal Code and Sections 13(2),

         13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, 1988,

         against eight persons, including the petitioner.

                         7.      In relation to the said Karmanasha matter, the

         petitioner had earlier approached this Court in Civil Writ
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         Jurisdiction Case No. 19952 of 2016, titled as ‘Animesh

         Kumar vs State of Bihar & Ors,’ inter alia praying for audit of

         the books of account of the Transport Department at

         Bhabhua/Karmanasha Check Post. A Co-ordinate Bench of this

         Court vide order dated 07.09.2017 had directed the Transport

         Department to examine the prayer of the petitioner for audit and

         to conduct such audit as per requirement.

                         8.      Parallel to the criminal case arising out of

         Vigilance P.S. Case No. 41 of 2016, a departmental proceeding

         bearing No.03 of 2018 was also conducted against the petitioner

         by the General Administration Department on the basis of

         Resolution/Memo No. 16692, dated 29.12.2017, in relation to

         the Karmanasha check-post recovery of unaccounted cash.

         Subsequently,        the    Commissioner,          Departmental    Enquiry,

         General Administration Department vide his order dated

         25.05.2018 had recorded his findings in the aforesaid

         departmental proceeding and according to the petitioner he was

         exonerated thereunder.

                         9.      It is the case of the petitioner, that following

         the    Karmanasha          check-post         raid/search,   the   Vigilance

         Investigation Bureau initiated an enquiry into the assets of the

         petitioner and vide letter No. 5105 dated 17.08.2016, the
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         petitioner was called upon to submit details of his assets and

         properties in prescribed Formats I to VI, however, the petitioner

         requested the Vigilance Bureau for extension of time to collate

         and then submit the documents pertaining to more than twenty

         years of his service.

                         10.     On 23.08.2016, the petitioner is stated to

         have lodged a written complaint before the Bihar Human Rights

         Commission, Patna, against the Vigilance Department and the

         Transport Department, complaining, inter alia, of his alleged

         illegal detention and harassment at the Bureau headquarters for

         over sixty-four hours.

                         11.     It is the case of the petitioner, that the

         aforesaid complaint preferred by the petitioner had infuriated the

         Vigilance Officials and in retaliation thereof, on 26.08.2016, the

         Vigilance Investigation Bureau registered Vigilance P.S. Case

         No.82 of 2016 against the petitioner and his wife, under

         Sections 109 and 120(B) of the Indian Penal Code read with

         Section 13(2) read with Section 13(1)(e) of the Prevention of

         Corruption Act, 1988. The First Information Report alleged that

         during the check period from 08.01.1996 to June 2016, the

         petitioner had acquired assets disproportionate to his known

         sources of income to the tune of Rs. 82,84,001/-.
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                         12.     By letter No. 6450, dated 28.10.2016, the

         Transport Department forwarded the details of the Vigilance

         case i.e. Vigilance P.S. Case No.82 of 2016 to the General

         Administration Department, which is the parent cadre-

         controlling department of the petitioner, however, the Vigilance

         Investigation Bureau had already forwarded a copy of the First

         Information Report to the said Department vide its dated

         05.09.2016. Thereafter, the General Administration Department,

         vide its letter No. 14296 dated 18.10.2019, sought the

         explanation of the petitioner on the allegations of amassing

         disproportionate assets among other allegations. The petitioner

         submitted his explanation to the aforesaid show cause dated

         18.10.2019, by his letter dated 04.11.2019. Thereafter,

         pertinently, after lapse of almost five years, the General

         Administration Department, upon finding the explanation

         submitted by the petitioner to be unsatisfactory, initiated a

         departmental proceeding against him vide its impugned

         resolution       no.8063       dated      04.08.2021,   whereby   the

         Commissioner, Patna Division, Patna, was appointed as the

         conducting/enquiry officer, and the Vigilance Investigation

         Bureau was to nominate a senior officer as the Presenting

         Officer.
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                         13.     The said resolution dated 04.08.2021 framed

         five charges against the petitioner in Prapatra-Ka, which were

         broadly as under:-

                            (i) Charge No.1-the registration of F.I.R being

                                 Vigilance P.S. Case No. 82 of 2016 against

                                 the petitioner on the allegation of possession

                                 of disproportionate assets;

                            (ii) Charge No.2-alleged non-disclosure and

                                 suppression of details about Allahabad Bank

                                 account at Patna and ICICI Bank account at

                                 Dwarka, New Delhi by the petitioner in his

                                 annual asset declaration for the year 2015;

                            (iii) Charge No.3-alleged non-disclosure and

                                 suppression of details regarding a fixed

                                 deposit of Rs. 3,00,000/-, a DMAT account

                                 holding of Rs.1,81,747/-, and the flat at

                                 Dwarka, New Delhi by the petitioner in his

                                 annual asset declaration for the year 2015;

                            (iv) Charge No.4-alleged acquisition of assets

                                 disproportionate to known sources of income

                                 to the tune of Rs.82,84,001/- and

                            (v) Charge No.5-alleged willful non-disclosure
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                                 of bank accounts and movable/immovable

                                 properties in the annual asset declaration by

                                 the petitioner, as an act of concealment.

                         14.     The petitioner submitted his reply to the

         memo of charge by letter dated 22.10.2021, accompanied by

         relevant supporting documents. Parallelly, on 10.08.2022,

         during the pendency of the subject departmental proceeding, the

         Investigating Officer of Vigilance P.S. Case No.82 of 2016

         submitted Charge-Sheet No.41 of 2022 against the petitioner

         and his wife in the Court of the learned Special Judge,

         Vigilance, Patna in connection with Special Vigilance Case

         No.45 of 2016. In the said charge-sheet, the alleged

         disproportionate-assets figure was stated to have been

         recomputed at Rs.1,20,03,056/-. Thereafter cognizance of the

         offences was taken by the learned Special Judge on 03.11.2022.

                         15.     It is the case of the petitioner that in the

         subject departmental proceedings, the Presenting Officer had

         placed on record the aforesaid charge-sheet being charge-sheet

         No. 41 of 2022 and thereafter, the conducting officer proceeded

         to enquire into the matter on the basis of the revised figure of

         Rs. 1,20,03,056/-, as mentioned in the charge-sheet, without a

         fresh sanction by the disciplinary authority and without formal
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         amendment/modification of the Prapatra-Ka.

                         16.     Upon completion of the enquiry, the report

         was submitted by the Joint Commissioner, Departmental

         Enquiry, Patna Division, Patna, by his letter dated 20.04.2023.

         In the said report, the enquiry officer has found that :-

                           (i) Charge        No.1      does   not   constitute   a

                                 substantive charge as it merely recited the

                                 registration of the FIR;

                           (ii) Charges No. 2 and 3 not proved;

                           (iii) Charge No. 4 proved only to the extent of Rs.

                                 19,21,992/- and

                           (iv) Charge No. 5 partly proved.

                         17.     By letter dated 02.05.2023 and thereafter by

         letter dated 29.05.2023, the General Administration Department

         issued the second show-cause notice to the petitioner, calling

         upon him to submit his representation on the enquiry report and

         responding thereto, the petitioner by his written submission

         dated 15.06.2023, has raised, inter alia, the following

         objections:-

                          (i)    Entrustment and further delegation of the

                                 enquiry to the Joint Commissioner without

                                 statutory authority;
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                          (ii)    Enlargement          of    the   charge    from   Rs.

                                  82,84,001/-     to        Rs.1,20,03,056/-    without

                                  sanction;

                          (iii) Calculation errors in respect of the DDA Flat

                                  at Dwarka;

                          (iv) Double-counting in respect of the Tata

                                  Indigo car;

                          (v)     Inclusion of jewellery as expenditure;

                          (vi) Non-consideration of the Circle Officer,

                                  Harsidhi’s report dated 17.02.2022 (Letter

                                  No. 198) regarding the agricultural income of

                                  the petitioner; and

                          (vii) Denial of opportunity to cross-examine the

                                  listed oral witnesses.

                         18.      Thereafter,     the        General   Administration

         Department consulted the Bihar Public Service Commission

         through letter No.14574 dated 31.07.2023 on the proposed

         punishment, to which the Bihar Public Service Commission,

         vide its letter dated 03.11.2023, agreed with the proposed

         punishment and finally, vide impugned resolution dated

         24.11.2023,        the      General       Administration           Department,

         Government of Bihar, imposed upon the petitioner the major
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         penalty of (i) censure for the charge year 2016-17; and (ii)

         withholding of three increments with cumulative effect.

                         19.     Prior to the issuance of the aforementioned

         punishment order, the petitioner had filed                      Civil Writ

         Jurisdiction Case No. 14365 of 2023, titled as ‘Animesh

         Kumar vs. The State of Bihar & Ors.’ before this Court,

         challenging the enquiry report dated 18.04.2023 and praying for

         stay of further proceedings. However, vide order dated

         19.03.2024, a Co-ordinate Bench of this Court had recorded that

         during the pendency of the said writ petition, the order of

         punishment had been passed, and accordingly had disposed of

         the writ petition with liberty to the petitioner to file a fresh writ

         petition challenging the punishment order.

                         20.     Aggrieved        by   the   aforesaid    impugned

         Resolution no. 21626 dated 24.11.2023, the petitioner preferred

         a review application dated 23.01.2024 before the General

         Administration Department, which came to be rejected by the

         impugned Resolution no. 4120 dated 07.03.2024, recording that

         the petitioner ought to have raised the issue of witness

         examination/cross-examination before the conducting officer

         and the penalty imposed by the impugned Resolution no. 21626

         dated 24.11.2023 was thereby kept intact.
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                         21.     Mr. Santosh Kumar, learned Senior Counsel

         appearing on behalf of the petitioner, has, at the outset,

         submitted that the enquiry report dated 18.04.2023, the

         impugned order of punishment dated 24.11.2023 and the

         rejection of the review application dated 07.03.2024 are wholly

         unsustainable in law, in facts and in procedure.

                         22.     The learned Senior Counsel, has submitted

         that the first and most fundamental illegality vitiating the

         departmental proceeding lies in its very constitution. By the

         Resolution no. 8063 dated 04.08.2021, the disciplinary authority

         appointed the Commissioner, Patna Division, Patna, as the

         conducting officer, however, subsequently, by office dated

         01.09.2021, the Commissioner, on his own motion, transferred

         the enquriy to be conducted by the Joint Commissioner,

         Departmental Enquiry, Patna Division, who thereafter conducted

         and concluded the entire enquiry.

                         23.     Learned Senior Counsel has submitted that

         Rule 17 of the Bihar Government Servants (Classification,

         Control and Appeal) Rules, 2005, being statutory rules framed

         under the proviso to Article 309 of the Constitution of India,

         vests in the disciplinary authority the power to appoint the

         enquiry authority. The enquiry authority so appointed is a
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         statutory      functionary       entrusted    with   a   quasi-judicial

         responsibility. It is settled law that a statutory functionary, in the

         absence of an express enabling provision, cannot further sub-

         delegate or substitute his statutory function to another officer.

                         24.     Learned Senior Counsel has invited the

         attention of this Court to the proviso to Rule 17(2) of the Bihar

         CCA Rules, 2005, inserted in the year 2008, which permits a

         limited and specified power of transfer only by the Departmental

         Enquiry Commissioner to the Additional Departmental Enquiry

         Commissioner. Applying the maxim ‘expressio unius est

         exclusio alterius’, the rule-making authority must be presumed

         to have contemplated this single channel of transfer alone. No

         corresponding statutory provision exists to enable a Divisional

         Commissioner to transfer an enquiry entrusted to him, to a Joint

         Commissioner. In support of his submission, Mr. Santosh

         Kumar, learned Senior Counsel, has placed reliance on the well-

         settled principle of ‘delegatus non potest delegare’.

                         25.     It is submitted that the defect is not a mere

         procedural irregularity. A major-penalty enquiry under the Bihar

         CCA Rules is quasi-judicial in nature. The enquiry officer

         receives evidence, appreciates documents, evaluates the defence,

         and submits findings on charges carrying serious civil
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         consequences. The appointment of a legally competent enquiry

         authority is not an empty formality. If the officer who conducted

         the enquiry was not appointed by the disciplinary authority and

         had no statutory authority to conduct it, the enquiry report dated

         18.04.2023 is a nullity, and the punishment order dated

         24.11.2023 and the review rejection dated 07.03.2024, both

         founded upon the said enquiry report, are unsustainable and

         liable to be quashed.

                         26.     Secondly, Mr. Santosh Kumar, learned Senior

         Counsel, has submitted that the enquiry is independently vitiated

         because the conducting officer departed from the charge

         sanctioned by the disciplinary authority and enquired into a new

         and enlarged figure of Rs.1,20,03,056/-. The Prapatra-Ka,

         sanctioned by the disciplinary authority, alleged disproportionate

         assets to the tune of Rs. 82,84,001/-, to which the petitioner

         submitted his explanation, specifically on that figure, and the

         disciplinary authority initiated the departmental proceeding on

         that figure. The conducting officer, however, on the basis of the

         Vigilance charge-sheet dated 10.08.2022, proceeded to enquire

         into a fresh and enlarged figure of Rs.1,20,03,056/-, without any

         sanction of the disciplinary authority and without any

         amendment to Prapatra-Ka.
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                         27.     The learned Senior Counsel has emphasized

         that when an enquiry is not confined to the charge framed, then

         such an enquiry is fatally vitiated since the charges in the

         disciplinary proceeding must be definite, clear and specific so as

         to enable the delinquent to properly meet them in his defence. It

         is also settled that an enquiry officer cannot travel beyond the

         charges framed in the departmental proceeding.

                         28.     It is categorically argued by the learned

         Senior Counsel that the petitioner suffered specific and

         identifiable prejudice from the said enlargement since he was

         never put on notice on the enlarged amount of Rs.1,20,03,056/-

         i.e. an additional amount of Rs.37,19,055/- and no fresh

         statement of imputations or list of documents were supplied to

         him, moreover, no fresh opportunity to explain the additional

         figure was afforded.

                         29.     Thirdly, Mr. Santosh Kumar, learned Senior

         Counsel, has submitted that the enquiry is also vitiated for

         violation of Rule 17(14) of the Bihar CCA Rules, 2005 on

         account of non-examination of witnesses. It is submitted that the

         memo of charge listed Sri Shiv Kumar Jha, Superintendent of

         Police, Vigilance, and Sri Akhilendra Kumar Singh, Inspector,

         Vigilance, as oral witnesses but, they were not examined as a
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         witnesses during the enquiry in spite of the repeated request of

         the petitioner. Consequently, the petitioner was denied

         opportunity to cross-examine the very witnesses on whose

         statements, calculations and materials, the charge were founded.

                         30.     It is vehemently argued by the learned Senior

         Counsel for the petitioner that in a major-penalty disciplinary

         proceeding, the burden of proof lies on the department to prove

         the charge against the delinquent and not the delinquent officer.

         It is next argued that examination of witnesses is sine qua non

         even in ex parte departmental proceedings where a major

         penalty is contemplated, failing which the enquiry stands totally

         vitiated and non est in the eyes of law. It is argued that the

         petitioner had from the very beginning raised the issue of

         incorrect computation of the alleged amount specifically

         pointing out towards the double counting. It is argued that mere

         production of documents is not proof of their contents and that

         findings     recorded       on    no     evidence   are   perverse   and

         unsustainable. Pertinently, it is highlighted by learned Senior

         Counsel that the petitioner has consistently disputed the

         computation of alleged disproportionate assets.

                         31.     Learned Senior Counsel has emphasized that

         the present case is not one in which the charge rests on
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         undisputed documents. The very foundation of the charge, that

         is, the Vigilance computation of disproportionate assets, was

         contested by the petitioner from the first instance. Whether a

         particular bank entry is income or expenditure, whether a

         particular asset was counted once or twice, whether a particular

         item was acquired by purchase or received as gift, whether

         agricultural income should be measured on the basis of the

         income tax returns of the petitioner or on the basis of the report

         of the Circle Officer. It is argued that each of these is a question

         that could only have been resolved through examination and

         cross-examination of the witnesses in the enquiry. The

         Investigating Officer’s computation was not a fact; it was an

         opinion, and an opinion that the petitioner was entitled to test.

                         32.     In support of this submissions, learned

         counsel for the petitioner has relied upon the following

         decisions:-

                            (i) State of U.P. & Ors. vs. Saroj Kumar Sinha

                                 reported as (2010) 2 SCC 772;

                            (ii) Roop Singh Negi v. Punjab National Bank

                                 reported as (2009) 2 SCC 570 and

                            (iii Kuldeep Singh vs. Commissioner of Police

                                 & Ors. reported as (1999) 2 SCC 10.
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                         33.     Fourthly, the learned Senior Counsel, has

         submitted that the residual finding of disproportionate assets of

         Rs.19,21,992/- by the conducting officer is patently wrong since

         the Investigating Officer has himself admitted the omission and

         in his counter affidavit filed in Cr.W.J.C. No.458 of 2023 titled

         as ‘Animesh Kumar vs. State of Bihar & Ors.’ he had

         categorically admitted that the amount of Rs.36,00,000/- of sale

         consideration of the DDA Flat, Dwarka was counted twice, as a

         consequence, it is argued that the petitioner is left with a surplus

         legitimate income of Rs. 16,78,008/-.

                         34.     Learned       Senior   Counsel   has   further

         submitted that, even apart from the aforesaid infirmity relating

         to the DDA flat, there are other infirmities, each supported by

         the record, such as, the value of the Tata Indigo car has been

         counted twice, the value of the jewellery of the wife of the

         petitioner, which is her stridhan and has been counted as an

         expenditure and the agricultural income of the petitioner which

         was calculated in contravention with the report of the Circle

         Officer. Therefore, it is the submission of the learned Senior

         Counsel for the petitioner that the computation of the alleged

         disproportionate asset is wholly wrong and the residual amount

         for which the petitioner was found guilty is neither borne out of
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         record nor supported by witnesses.

                         35.     Fifthly, it the submission of the learned

         Senior counsel for the petitioner that Charge No. 5, being the

         omnibus charge of willful non-disclosure of bank accounts and

         movable/immovable properties in the annual assets declaration

         was found by the conducting officer to be only ‘partly proved’,

         and was expressly stated to derive from the partial proof of

         Charge No. 4. It is categorically pointed by the learned Seniro

         Counsel that Charges No. 2 and 3 which were the specific

         charges of non-disclosure of bank accounts, DMAT account and

         the Dwarka flat, were held by the inquiry officer himself to be

         not proved. It is further submitted that once Charges No. 2 and 3

         have failed, and once Charge No. 4 is rendered arithmetically

         untenable, Charge No. 5 being the derivative and not

         independent has no factual content of its own and cannot

         independently sustain the punishment. The disciplinary authority

         has, in its impugned order, recorded no independent finding

         identifying what particular asset, account or property remained

         ‘concealed’ after the dismissal of Charges No. 2 and 3.

                         36.     Sixthly, the learned Senior Counsel for the

         petitioner has lastly vehemently argued that the acquittal of the

         petitioner by the learned Special Judge, Vigilance, Patna, in
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         Special Vigilance Case No. 45 of 2016 by judgment dated

         12.06.2025, has rendered the impugned order of punishment as

         non est since the acquittal was rendered on the same charge

         sheet, the same documentary record, the same witnesses and the

         very same Vigilance computation that underlies the impugned

         disciplinary penalty. It is pertinently pointed by the learned

         Senior Counsel that the learned Special Judge, had even

         adverted to the calculation error in the disproportionate asset.

                         37.     The learned senior counsel has argued that

         the acquittal of the petitioner was not on technical grounds but

         after appreciation of evidence, the prosecution had failed to

         prove the charges and as such the petitioner was honorably

         acquitted. Learned senior counsel for the petitioner has drawn

         strength from the decision of the Hon’ble Supreme Court in the

         case of Maharana Pratap Singh v. State of Bihar, reported as

         2025 SCC OnLine SC 890, wherein the Hon’ble Supreme Court

         has held that where the charges, evidence and witnesses in the

         departmental and criminal proceedings are identical or

         substantially similar, and the accused is acquitted by the

         criminal court, it would be unjust and oppressive to sustain

         disciplinary punishment arising from the same facts. Further

         reliance has been placed upon the judgment of Hon’ble Supreme
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         Court in the cases of Capt. M. Paul Anthony v. Bharat Gold

         Mines Ltd., (1999) 3 SCC 679 and G.M. Tank v. State of

         Gujarat, (2006) 5 SCC 446.

                         38.     Per contra, the learned Additional Advocate

         General-3, appearing on behalf of the respondent State of Bihar,

         has submitted that the present writ petition is wholly devoid of

         merit and is liable to be dismissed. It is submitted that the

         petitioner, in substance, invites this Court to undertake an

         appellate      re-appreciation       of       evidence,   to   re-cast   the

         disproportionate-assets computation, and to substitute its own

         conclusion for that of the disciplinary authority an exercise

         which is impermissible in the exercise of writ jurisdiction under

         Article 226 of the Constitution of India.

                         39.     Learned senior counsel for the State has, at

         the outset, invited attention to the well-settled position

         governing the scope of judicial review in disciplinary matters. It

         is argued that the High Court is not an appellate forum over the

         findings of the enquiry officer and can only interfere with the

         findings of the enquiry officer unless the same is found to be

         perverse. The learned Senior Counsel for the State has submitted

         that the disciplinary action was initiated on grave allegations of

         acquisition of assets disproportionate to known sources of
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         income and non-disclosure of bank accounts and properties in

         the annual asset declartion of the petitioner. It is further

         submitted that the petitioner, being a senior officer of the Bihar

         Administrative Service, is duty-bound under Rule 3 of the Bihar

         Government Servants Conduct Rules, 1976, to maintain an

         absolute integrity, devotion to duty and complete transparency in

         his property and financial disclosures.

                         40.     It   is    submitted   that   the   disciplinary

         proceeding was not arbitrary or sudden and it was initiated and

         carried out in strict adherence to the Bihar CCA Rules after

         affording ample and sufficient opportunity to the petitioner.

         Further, refuting the contention of the learned Senior Counsel

         for the petitioner regarding sub-delegation of the enquiry by the

         Commissioner, Patna Division to the Joint Commissioner, Patna

         Division, the learned Senior Counsel for the State has submitted

         that the entrustment of the enquiry to the Joint Commissioner,

         Departmental Enquiry, Patna Division, was made in lawful

         exercise of the power conferred under the notification dated

         15.12.2011 issued by the General Administration Department

         vide Letter No. 13655. It is submitted that under the said

         notification it has been provided that where the Divisional

         Commissioner has been appointed as enquiry officer, he may
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         transfer the enquiry to the Additional Collector, Departmental

         Enquiry, who may directly submit the records and report to the

         disciplinary authority. The Joint Commissioner is a senior

         administrative officer specifically posted for the conduct of

         departmental enquiries and he is adequately equipped to

         discharge the function and further no prejudice has been shown

         by the petitioner merely because the enquiry was conducted by

         the Joint Commissioner rather than by the Divisional

         Commissioner personally.

                         41.     It is next submitted by the learned Senior

         Counsel that the contention of the petitioner regarding alteration

         of charge is totally misconceived, since the substance of the

         charge is acquisition of disproportionate assets and concealment

         of bank accounts and properties by the petitioner which has

         remained unchanged.

                         42.     Further, replying to the contention regarding

         denial of cross-examination, it has been submitted by the

         learned Senior Counsel for the State that the enquiry was

         conducted in accordance with law and in accordance with Rule

         17(14) of the Bihar CCA Rules, 2005. The case substantially

         rested upon documentary evidence i.e. bank statements, annual

         property returns, sale and purchase deeds, income and
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         expenditure records, and the materials collected by the Vigilance

         Investigation Bureau.

                         43.     It is submitted by learned senior counsel for

         the State that Charge No. 5 cannot be treated as wholly

         derivative of Charges No. 2 and 3 and Charge No. 5 was framed

         in respect of the overall conduct of the petitioner in his annual

         asset declaration. It is submitted that even if certain limbs of

         Charges No. 2 and 3 were not proved, the finding of the enquiry

         officer that the overall asset declaration of the petitioner was

         deficient and that he had failed to maintain the standard of

         integrity required by Rule 3 of the Conduct Rules, 1976, is

         independently sustainable.

                         44.     Further the impugned order of punishment

         was passed after duly considering the enquiry report and the

         detailed representation submitted by the petitioner and further

         after concurrence from the Bihar Public Service Commission. It

         is the categorical submission for the learned senior counsel for

         the State that acquittal in the criminal proceeding does not, as a

         matter of law, automatically invalidate the departmental

         punishment, the two proceedings operate in different fields and

         the standard of proof in a criminal trial is proof beyond

         reasonable doubt whereas in a departmental enquiry the standard
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         is preponderance of probabilities.

                         45.     It is emphasised that the departmental

         proceeding in the present case culminated in punishment as far

         back as 24.11.2023 and the review was rejected on 07.03.2024.

         It is pointed out that the criminal acquittal of the petitioner came

         much later i.e. on 12.06.2025. It is argued that a subsequent

         acquittal cannot retrospectively invalidate a duly conducted

         departmental proceeding. It is lastly submitted that the

         disciplinary authority after considering the materials on record

         had adopted a calibrated approach and imposed a reasonable

         punishment of censure for the charge year as                       well as

         withholding three increments with cumulative effect.

                         46.     I have considered the submission of the

         parties and have perused the materials available on record.

                         47.     The     genesis       of   the   present    subject

         disciplinary proceeding lies in the registration of the Vigilance

         P.S. Case No.82 of 2016 on the allegation of disproportionate

         assets possessed by the petitioner beyond the known source of

         his income. Pertinently, the Investigating Officer of the aforesaid

         Vigilance Case No.82 of 2016 had submitted a charge-sheet

         which was relied upon by the enquiry officer and the original

         alleged amount was enhanced to Rs.1,20,03,056/-. The
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         petitioner in his response had ab intio taken a categorical

         objection regarding the computation of the amount and

         thereafter, also to the amount for which he was finally found

         guilty i.e. for an amount of Rs.19,21,992/-.

                         48.     From the perusal of the records of the case,

         the central limb on which the case of the petitioner stands is the

         computational discrepancies in the calculation of the alleged

         disproportionate assets of the petitioner. However, from the

         perusal of the enquiry report, it appears that no cogent material

         has been placed on record, which had been proved in the

         enquiry proceeding to arrive at a figure of disproportionate

         assets against the petitioner. The memo of charge records the list

         of witnesses, however, none of the witnesses were examined

         during the course of enquiry. As such, not only the petitioner

         was deprived of the opportunity to cross-examine the witnesses

         but also the documents relied in the disciplinary proceeding

         were never proved by the witnesses. This Court is mindful of the

         fact that the background of the present case remains the

         allegation of possession of disproportionate asset by the

         petitioner and, as such, the arithmetical calculation of the figures

         and     the    inferences      drawn      therefrom   assumes   greater

         significance. As such, the present case, cannot be classified as
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         one entirely borne out of admitted documentary evidence,

         particularly, when the petitioner had disputed and challenged the

         calculation at every step of the way and particularly, before the

         enquiry officer.

                         49.     The Supreme Court in the case of Roop

         Singh Negi v. Punjab National Bank reported as (2009) 2 SCC

         570 held as follows:

                            “14. Indisputably, a departmental proceeding is a
                                 quasi-judicial proceeding. The enquiry officer
                                 performs      a    quasi-judicial    function.   The
                                 charges levelled against the delinquent officer
                                 must be found to have been proved. The
                                 enquiry officer has a duty to arrive at a finding
                                 upon taking into consideration the materials
                                 brought on record by the parties. The
                                 purported         evidence     collected     during
                                 investigation by the investigating officer
                                 against all the accused by itself could not be
                                 treated to be evidence in the disciplinary
                                 proceeding. No witness was examined to prove
                                 the    said       documents.   The     management
                                 witnesses merely tendered the documents and
                                 did not prove the contents thereof. Reliance,
                                 inter alia, was placed by the enquiry officer on
                                 the FIR which could not have been treated as
                                 evidence.”

                         50.     Further, a Division Bench of this Court in the
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         case of Devendra Prasad vs. State of Bihar (decided on

         19.10.2023 in L.P.A. No. 1302 of 2017), has held as under:-

                            “7. As has been held in Roop Singh Negi v. Punjab
                                 National Bank, (2009) 2 SCC 570, the
                                 documents produced in a departmental inquiry
                                 has to be proved by examining witnesses. Even
                                 an F.I.R. was held to be not evidence by itself
                                 without actual proof of facts stated therein.
                                 The Hon'ble Supreme Court had also held that
                                 even an admission or confession to the police
                                 itself is not sufficient to find the delinquent
                                 employee guilty in a departmental proceeding
                                 if no evidence is brought on record to prove
                                 the     offence        or   misconduct     alleged.
                                 Departmental inquiry was held to be a quasi-
                                 judicial proceeding and the inquiry officer
                                 functions in the status of a quasi-judicial
                                 authority. Not only should evidence be led in a
                                 departmental inquiry, the conclusions arrived
                                 at should be based on evidence which brings
                                 forth a probability that the delinquent has
                                 committed        the    misconduct   alleged   and
                                 charged against him. No inquiry report based
                                 on conjectures and surmises can be sustained
                                 and even in a departmental inquiry, the
                                 standard of proof is not a mere suspicion.
                                 However high the degree of suspicion is, it
                                 cannot be a substitute for legal proof.”

                         51.     From the afore-quoted decisions, it becomes
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         patently clear that mere production of a document or a

         calculation chart, in case of disproportionate assets case, does

         not prove by itself and must be proved on the threshold of

         preponderance of possibilities before arriving at a finding of

         guilt. This Court has also noted that the disciplinary proceeding

         was initiated based on the institution of the Vigilance P.S. Case

         No.82 of 2016. It is settled law that mere production of a

         document does not constitute proof thereof, if the memo of

         charge is issued on the basis of the complaint, the author of the

         aforesaid complaint must be produced in order to prove the

         contents thereof as has been held by the Hon’ble Supreme Court

         in the case of Bareilly Electricity Supply Co. Limited vs.

         Worksmen & Ors. reported as 1971 2 SCC 617.

                         52.     Therefore, in the considered opinion of this

         Court, the enquiry officer has failed to examine the witnesses

         despite the fact that the petitioner had disputed the calculation of

         the     alleged       disproportionate        assets.   The   charge   of

         disproportionate assets is inherently a matter of correct

         arithmetic calculation, which ought to be proved on the

         threshold of preponderance of possibilities by the respondents

         and a mere production of calculation charts and statements could

         not suffice. A document or a calculation cannot prove by itself,
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         in case of an allegation of disproportionate asset, since

         inferences have to be drawn regarding the correct calculation. In

         the present case, the petitioner has not only disputed the

         correctness of the calculation but to a limited extent the

         respondents have themselves have admitted and corrected the

         calculation, however, neither the final calculation has been made

         error free nor the calculation has been proved by leading

         evidences and examining witnesses in support thereof. This

         omission in the enquiry become fatal owing to the material

         discrepancies         of     double    counting,   miscalculation   and

         unsupported valuation but also more importantly, on account of

         non-examination of witnesses in support of the calculation and

         this goes to the very root of the allegation, thereby vitiating the

         enquiry report and the consequential order of punishment.

                         53.        The enquiry officer has arrived at a finding

         of guilt regarding disproportionate assets, to the limited extent

         of Rs.19,21,992/- against the petitioner, however, it is

         inescapable that none of the witnesses have been examined

         before drawing inference on the entries in the accounts, which

         assumes even more significance considering the admitted

         position that certain discrepancies had indeed crept in the

         calculation for disproportionate assets. Therefore, the enquiry
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         proceedings stand vitiated on the score of being one of no

         evidence since the calculation matrix was never proved by

         witnesses.

                         54.     Since this Court has already found that the

         enquiry proceeding to be vitiated and being a case of no

         evidence, this Court deems it appropriate not to enter into other

         submissions        raising     questions       about     the   jurisdictional

         competence of the Joint Commissioner, who had held and

         concluded enquiry.

                         55.     Moreover,        the   learned     Special    Judge,

         Vigilance Court, Patna after duly appreciating the evidence on

         record including the depositions of the prosecution witnesses

         therein had arrived at a categorical finding, that the prosecution

         had failed to prove the charge against the petitioner and

         accordingly, acquitted him honourably of all the charges levelled

         against him. It is important to note that for the present purpose

         the charges in both the disciplinary as well as criminal case were

         one and the same including the materials before the disciplinary

         authority as well as the learned Special Judge. This Court has

         noted that the learned Special Judge vide his judgment dated

         12.06.2025 had adverted to the inconsistencies in the calculation

         of the alleged disproportionate assets and thereafter recorded his
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         finding of acquittal.

                         56.     The Hon’ble Supreme Court in the case of

         Ram Lal v. State of Rajasthan reported as (2024) 1 SCC 175

         has held as under:-

                                 “Legal position
                               10. We have examined both the questions
                                 independently. We are conscious of the fact
                                 that a writ court's power to review the order of
                                 the disciplinary authority is very limited. The
                                 scope of enquiry is only to examine whether
                                 the decision-making process is legitimate. (See
                                 SBI v. A.G.D. Reddy (2023) 14 SCC 391. As
                                 part of that exercise, the courts exercising
                                 power of judicial review are entitled to
                                 consider     whether   the   findings   of   the
                                 disciplinary authority have ignored material
                                 evidence and if it so finds, the courts are not
                                 powerless to interfere. (See United Bank of
                                 India v. Biswanath Bhattacharjee (2022) 13
                                 SCC 329.
                            11. We are also conscious of the fact that mere
                                 acquittal by a criminal court will not confer on
                                 the employee a right to claim any benefit,
                                 including reinstatement. (See State of T.N. v. S.
                                 Samuthiram (2013) 1 SCC 598.
                            12. However, if the charges in the departmental
                                 enquiry and the criminal court are identical
                                 or similar, and if the evidence, witnesses and
                                 circumstances are one and the same, then the
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                                 matter acquires a different dimension. If the
                                 Court in judicial review concludes that the
                                 acquittal in the criminal proceeding was after
                                 full consideration of the prosecution evidence
                                 and that the prosecution miserably failed to
                                 prove the charge, the Court in judicial review
                                 can grant redress in certain circumstances.
                                 The Court will be entitled to exercise its
                                 discretion and grant relief, if it concludes
                                 that allowing the findings in the disciplinary
                                 proceedings to stand will be unjust, unfair
                                 and oppressive. Each case will turn on its own
                                 facts. (See G.M. Tank v. State of Gujarat
                                 (2006) 5 SCC 446, State Bank of Hyderabad v.
                                 P. Kata Rao, (2008) 15 SCC 657 and S.
                                 Samuthiram (2013) 1 SCC 598.
                                 xxxx
                                 Effect of acquittal in the criminal proceeding
                                 — Question 2
                            25. With this above background, if we examine the
                                 criminal proceedings the following factual
                                 position emerges. The very same witnesses,
                                 who were examined in the departmental
                                 enquiry were examined in the criminal trial.
                                 Jagdish Chandra, Bhawani Singh, Shravan
                                 Lal, Raj Singh and Karan Sharma were
                                 examined as PW 2, PW 3, PW 6, PW 9 and
                                 PW 13 respectively at the criminal trial. Apart
                                 from them, eight other witnesses were also
                                 examined. The gravamen of the charge in the
                                 criminal case was that the appellant had
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                                 submitted an application for recruitment along
                                 with his marksheet and he, by making
                                 alteration in his date of birth to reflect the
                                 same as 24-4-1972 in place of 21-4-1974, and
                                 obtained recruitment to the post of Constable.
                            26. Though the trial court convicted the appellant
                                 under Section 420 IPC, the appellate court
                                 recorded the following crucial findings while
                                 acquitting the appellant:“…Mainly the present
                                 case was based on the documents to this effect
                                 whether the date of birth of accused is 21-4-
                                 1972 or 21-4-1974. Ext. P-3 is original
                                 marksheet, in which, the date of birth of
                                 accused has been shown as 21-4-1972 and
                                 same has also been proved by the witnesses
                                 examined          on         behalf      of        the
                                 prosecution.Whatever the documents have
                                 been produced before the court regarding the
                                 date of birth of 21-4-1974 are either the letters
                                 of   Principal        or   are   duplicate    TC   or
                                 marksheets. Neither the prosecution has
                                 produced any such original documents in the
                                 subordinate court to this effect that when the
                                 admission form of accused was filled, what
                                 date of birth was mentioned by the accused in
                                 it, what was the date of birth in Roll Register
                                 of School, what date of birth was mentioned by
                                 accused in the examination form of Secondary,
                                 and nor after bringing the original records
                                 from the witnesses concerned, same were got
                                 proved in the evidence. In these circumstances,
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                                 this fact becomes doubtful that date of birth of
                                 the accused was 21-4-1974, and the accused is
                                 entitled to receive its benefit. In the considered
                                 opinion of this Court, the conviction made by
                                 the learned subordinate court merely on the
                                 basis of oral evidence and letters or duplicate
                                 documents, is not just and proper. It is
                                 justifiable to acquit the accused. Resultantly,
                                 on the basis of aforesaid consideration, the
                                 present appeal filed by the appellant-accused
                                 is liable to be allowed.”(emphasis supplied)
                            27. What is important to notice is that the
                                 Appellate Judge has clearly recorded that in
                                 the document Ext. P-3 — original marksheet
                                 of the 8th standard, the date of birth was
                                 clearly shown as 21-4-1972 and the other
                                 documents produced by the prosecution were
                                 either letters or a duplicate marksheet. No
                                 doubt, the Appellate Judge says that it
                                 becomes doubtful whether the date of birth
                                 was 21-4-1974 and that the accused was
                                 entitled to receive its benefit. However, what
                                 we are supposed to see is the substance of the
                                 judgment. A reading of the entire judgment
                                 clearly indicates that the appellant was
                                 acquitted after full consideration of the
                                 prosecution evidence and after noticing that
                                 the prosecution has miserably failed to prove
                                 the charge (see S. Samuthiram (2013) 1 SCC
                                 598.
                            28. Expressions like “benefit of doubt” and
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                                 “honourably acquitted”, used in judgments
                                 are     not   to      be   understood   as   magic
                                 incantations. A court of law will not be carried
                                 away by the mere use of such terminology. In
                                 the present case, the Appellate Judge has
                                 recorded that Ext. P-3, the original marksheet
                                 carries the date of birth as 21-4-1972 and the
                                 same has also been proved by the witnesses
                                 examined on behalf of the prosecution. The
                                 conclusion that the acquittal in the criminal
                                 proceeding was after full consideration of the
                                 prosecution evidence and that the prosecution
                                 miserably failed to prove the charge can only
                                 be arrived at after a reading of the judgment
                                 in its entirety. The Court in judicial review is
                                 obliged to examine the substance of the
                                 judgment and not go by the form of expression
                                 used.
                            29. We are satisfied that the findings of the
                                 Appellate Judge in the criminal case clearly
                                 indicate that the charge against the appellant
                                 was not just, “not proved” — in fact the
                                 charge even stood “disproved” by the very
                                 prosecution evidence. As held by this Court, a
                                 fact is said to be “disproved” when, after
                                 considering the matters before it, the court
                                 either believes that it does not exist or
                                 considers its non-existence so probable that a
                                 prudent man ought, under the circumstances
                                 of the particular case, to act upon the
                                 supposition that it does not exist. A fact is said
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                                 to be “not proved” when it is neither
                                 “proved” nor “disproved” (see Vijayee Singh
                                 v. State of U.P. (1990) 3 SCC 190.
                            30. We are additionally satisfied that in the teeth of
                                 the finding of the Appellate Judge, the
                                 disciplinary proceedings and the orders
                                 passed thereon cannot be allowed to stand.
                                 The charges were not just similar but identical
                                 and the evidence, witnesses and circumstances
                                 were all the same. This is a case where in
                                 exercise of our discretion, we quash the orders
                                 of the disciplinary authority and the appellate
                                 authority as allowing them to stand will be
                                 unjust, unfair and oppressive. This case is very
                                 similar to the situation that arose in G.M. Tank
                                 (2006) 5 SCC 446.
                            31. Apart from the above, one other aspect is to be
                                 noted. The enquiry officer's report makes a
                                 reference to the appellant passing 10th
                                 standard, and to a 10th standard marksheet
                                 exhibited as Ext. P-4 referring to the date of
                                 birth as 24-7-1974. Jagdish Chandra PW 1 (in
                                 the departmental enquiry) clearly deposed that
                                 since the appellant was regularly absent from
                                 Class 10, his name was struck off and he did
                                 not even pass 10th standard. The appellant has
                                 also come out with this version before the
                                 disciplinary authority, stating that the 10th
                                 class certificate of Ram Lal produced before
                                 the enquiry officer, is of some other Ram Lal.
                            32. This issue need not detain us any further
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                                 because it is not the case of the department
                                 that the appellant sought employment based
                                 on 10th standard marksheet. It is their positive
                                 case that the appellant sought employment on
                                 the basis of his 8th standard marksheet.
                                 Shravan Lal, PW 4 in the departmental
                                 enquiry had also furnished the 10th standard
                                 marksheet procured from the Secondary
                                 Education Board, Ajmer. In cross-examination,
                                 on being asked, he admitted that the appellant
                                 was recruited on the basis of 8 th       standard
                                 marksheet, and he admitted that there was no
                                 alteration in the 8th standard marksheet.
                            33. In view of the above, we declare that the order
                                 of termination dated 31-3-2004; the order of
                                 the appellate authority dated 8-10-2004; the
                                 orders     dated      29-3-2008   and   25-6-2008
                                 refusing to reconsider and review the penalty
                                 respectively, are all illegal and untenable.
                            34. Accordingly, we set aside the judgment of DB
                                 Special Appeal (Writ) No. 484 of 2011 dated 5-
                                 9-2018 [Ram Lal Choudhary v. State of
                                 Rajasthan, 2018 SCC OnLine Raj 3031]. We
                                 direct that the appellant shall be reinstated
                                 with all consequential benefits including
                                 seniority, notional promotions, fitment of
                                 salary and all other benefits. As far as back
                                 wages are concerned, we are inclined to
                                 award the appellant 50% of the back wages.
                                 The directions be complied with within a
                                 period of four weeks from today.”
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                         57.     Recently, the Hon’ble Supreme Court in the

         case of Maharana Pratap Singh (supra) has held as under:-

                           “47. While an acquittal in a criminal case does not
                                 automatically entitle the accused to have an
                                 order of setting aside of his dismissal from
                                 public      service        following      disciplinary
                                 proceedings, it is well-established that when
                                 the    charges,        evidence,    witnesses,    and
                                 circumstances         in   both    the   departmental
                                 inquiry and the criminal proceedings are
                                 identical or substantially similar, the situation
                                 assumes a different context. In such cases,
                                 upholding the findings in the disciplinary
                                 proceedings would be unjust, unfair, and
                                 oppressive. This is a position settled by the
                                 decision in G. M. Tank (supra), since
                                 reinforced by a decision of recent origin in
                                 Ram Lal v. State of Rajasthan (2024) 1 SCC
                                 175”
                         58.     In the present case, it appears that the

         charges, evidence, witness and the circumstances in both the

         departmental proceeding and the criminal proceeding are

         identical and therefore, the findings in the disciplinary

         proceeding would become further unsustainable in view of

         honourable acquittal of the present petitioner in the criminal

         case since the learned Special Judge, has on merits found that no

         offence could be established against the petitioner.
             Patna High Court CWJC No.10493 of 2024 dt.15-05-2026
                                                       41/41




                                      59.     For the foregoing reasons, this writ petition

                      is allowed. Accordingly, the impugned enquiry report of the

                      Joint Commissioner dated 20.04.2023, the consequent impugned

                      order of punishment dated 24.11.2023 as well as the order of the

                      reviewing authority dated 07.03.2024, are hereby quashed and

                      set aside. As a consequence, the petitioner shall be entitled to all

                      the consequential benefits, including his consideration for any

                      higher post or designation, in accordance with law.

                                      60.     Pending interlocutory application(s), stand

                      disposed of.

                                      61.     The parties are directed to act upon the web

                      copy of this judgment in accordance with law.



                                                                    (Sandeep Kumar, J)

pawan/-
AFR/NAFR                N.A.F.R.
CAV DATE                18.03.2026
Uploading Date          18.05.2026
Transmission Date


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