Patna High Court
Bhola Prasad Choudhary @ Bhola ChoudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The charge memo initiating the departmental inquiry is ultra vires and is set aside as it violates the time‑limit and post‑retirement restrictions under Rule 43(b) of the Bihar Pension Rules, 1950.
Summary
The petitioner, a retired police officer, challenged a charge memo issued on 27 October 2021 that initiated a departmental inquiry into alleged irregularities in a register for the period July 2015 to May 2017. The petitioner argued that he had retired on 31 January 2015, so the alleged misconduct occurred after his service, and that the inquiry was initiated more than four years after the alleged events, violating Rule 43(b) proviso (a)(i) and (ii) of the Bihar Pension Rules, 1950. The State failed to file a counter‑affidavit despite a court direction. The High Court examined the statutory provisions and held that departmental proceedings cannot be instituted after retirement for acts occurring post‑retirement and must be within four years of the event. Consequently, the court set aside the charge memo and directed the respondent authority to pay any pending pension benefits. The writ petition was allowed.
Issues considered
- Whether a departmental inquiry can be initiated against a retired government servant for alleged misconduct occurring after retirement.
- Whether the initiation of the inquiry more than four years after the alleged events violates Rule 43(b) proviso (a)(i) and (ii) of the Bihar Pension Rules, 1950.
Legislation cited
- Bihar Pension Rules, 1950 — s. Rule 43(b) proviso (a)(i), Rule 43(b) proviso (a)(ii), Rule 43(b) proviso (a)(iii)
Subjects
- departmental inquiry
- pension rules
- time-barred proceedings
- retired government servant
- civil writ jurisdiction
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1325 of 2022
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Bhola Prasad Choudhary @ Bhola Choudhary Son of Late Chhotan
Choudhary, Resident of Village- Bhadauni, P.S. and District - Nawada.
... ... 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 Disciplinary Authority cum Inspector General of Police, Mithila
Region, Darbhanga.
4. The Inquiry Officer-cum-City S.P., Darbhanga.
5. The Presenting Officer cum Dy. S.P. (Traffic), Darbhanga.
6. The S.P., Samastipur.
7. The then Dy. S.P., Dalsingsarai-cum-Chairman, Inquiry Committee,
Dalsingsarai, District - Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate
Mr. Amit Kumar Mishra, Advocate
Mr. Barun Kumar Singh, Advocate
For the State : Mr. Md. N.H. Khan (SC-1)
Mr. Fazle Karim (AC to SC-1)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 27-01-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for
setting aside the order contained in Memo No. 2352 dated
27.10.2021 issued from the office of the Disciplinary Authority
cum Inspector General of Police, Mithila Region, Darbhanga
(Respondent no.3) by which a belated and time barred
Samastipur District Departmental Inquiry No. 42 of 2021 has
been initiated against the petitioner and Prapatra-Ka has been
issued under Rule 43(b) of the Bihar Pension Rules, 1950 on the
Patna High Court CWJC No.1325 of 2022 dt.27-01-2026
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basis of ex-parte inquiry conducted by the Dy. S.P.,
Dalsingsarai.
3. Learned counsel for the petitioner submits that
the charge memo (Annexure-1) is itself is the defence of the
petitioner. He submits that in para 1 of the said charge memo, it
is indicated that the petitioner was posted as Branch Incharge
from 25.05.2010 to 10.10.2014 and thereafter, retired on
31.01.2015. Counsel further submits that the register which was
subject to enquiry was relating to distribution between July
2015 to May 2017 and during that period, the irregularities and
discrepancies have been found. Counsel further submits that he
has two points for his defence. Firstly, he was posted in the said
Branch from 25.05.2010 to 10.10.2014 and the wrong was
alleged to be done between July 2015 to May 2017. Therefore,
he submits that the alleged wrong was not during his period of
posting, rather, he was already retired on 31.01.2015 itself. The
next point which is legal according to him is that after six years
of the petitioner's retirement and more than seven years of his
posting at Samastipur police line, the departmental proceeding
has been initiated which is in complete violation of Rule 43(b)
proviso (a) (i) and (ii) of the Bihar Pension Rules, 1950 of
Chapter III. He submits that in the light of the submissions made
Patna High Court CWJC No.1325 of 2022 dt.27-01-2026
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on both the points i.e. on law and on facts, the present charge
memo is not sustainable in the eye of law and therefore, the
same be set aside.
4. Learned counsel for the State on the other hand
submits that a short time may be granted to file the counter
affidavit in this case.
5. Upon perusal of the record, it transpires that the
present writ petition has been filed in the year 2022, but no
counter affidavit has been filed. It further transpires to this Court
that vide order no.3 dated 16.12.2025, learned counsel for the
State was directed to file a counter affidavit in this case within
four weeks. But till date, no counter affidavit has been filed.
6. After appreciation of the facts and law, it
transpires that the State has no defence at all. In light of the
present facts and circumstances, as well as the law which is very
clear, namely Rule 43(b) proviso (a)(i) (ii) & (iii) of the Bihar
Pension Rules, 1950, the same is quoted hereinbelow as under:-
“43(b) The Appointment authority of
the post held at the time of retirement
further reserve to themselves the right
of withholding or withdrawing a
pension or any part of it, whether
permanently or for a specified period,
and the right of ordering the recovery
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from a pension of the whole or part of
any pecuniary loss caused to
Government if the pensioner is found
in departmental or judicial
proceeding to have been guilty of
grave misconduct; or to have caused
pecuniary loss to Government by
misconduct or negligence, during his
service including service rendered on
re-employment after retirement:
Provided that-
(a) such departmental proceedings,
if not instituted while the
Government servant was on duty
either before retirement or during re-
employment:
(i) shall not be instituted save with
the sanction of the State
Government;
(ii) shall be in respect of an event
which took place not more than four
years before the institution of such
proceedings; and
(iii) shall be conducted by such
authority and at such place or
places as the State Government may
direct and in accordance with the
procedure applicable to proceedings
on which an order of dismissal from
service may be made;”
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7. Upon bare perusal of the provision as well as the
factual matrix that the enquiry was made for the period between
July 2015 to May 2017, whereas, the petitioner was already
retired on January 2015, this Court is of the firm view that the
charge memo is not sustainable in the eye of law. Hence, the
Memo No. 2352 dated 27.10.2021 (Annexure-1) issued from the
office of the Disciplinary Authority cum Inspector General of
Police, Mithila Region, Darbhanga (Respondent no.3) is hereby
set aside, with respect to the petitioner. The concerned
respondent authority is directed to pay all the benefits relating to
the petitioner, if any, which have not been paid to him due to the
issuance of the charge memo.
8. Accordingly, with the aforesaid direction, this
writ petition stands allowed.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 29/01/2026
Transmission Date NA
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