Created by Fuzzy Cloud

Patna High Court

Subhash Prasad SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The punishment order and the service‑appeal dismissal are unsustainable and are set aside.

Summary

The petitioner, a clerk in Muzaffarpur, was charged in a departmental proceeding for allegedly retaining a flood‑relief bank draft meant for another circle, leading to a punishment of stopping two annual increments. He appealed the punishment order dated 30‑03‑2015 and the subsequent service appeal dismissal dated 31‑05‑2016, claiming procedural irregularities and lack of evidence. The court observed that no witnesses were examined and no documents were proved, contravening Supreme Court precedents that require proof on a pre‑ponderance of probability in departmental inquiries. Citing Roop Singh Negi v. Punjab National Bank and a prior Patna High Court decision, the court held that the enquiry report and the punitive orders were unsustainable. Consequently, both the punishment order and the service‑appeal dismissal were set aside, and the writ petition was allowed.

Issues considered

  • Whether the departmental proceeding against the petitioner complied with the principles of natural justice and the evidentiary standards required in quasi‑judicial inquiries.
  • Whether the punishment of stopping two increments and the dismissal of the service appeal were legally sustainable in view of the lack of substantive evidence.
  • Whether the order of suspension (if any) was passed in violation of Rule 17 and 18 of the C.C.A. Rules, 2005.

Subjects

  • departmental inquiry
  • burden of proof
  • quasi‑judicial proceeding
  • service appeal
  • increment suspension
  • procedural irregularity
  • evidence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1505 of 2022
                 ======================================================
                 Subhash Prasad Singh Son of Late Jai Mangal Singh Resident of Village and
                 P.O.- Srishiya Jagdhish, Via Birhima Bazar, P.S.- Kathaiya, Dist.-
                 Muzaffarpur (Bihar)

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    The Principal Secretary, Revenue and Land Reform Deptt. Govt. of Bihar,
                 Patna
           3.    Commissioner Tirhut Division, Muzaffarpur.
           4.    District Magistrate -Cum- Collector, Muzaffarpur
           5.    Deputy Collector, Land Reforms, Muzaffarpur
           6.    Block Development Officer- Cum- Anchal Adhikari, Minapur, District-
                 Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Arun Kumar, Advocate
                 For the Respondent/s   :      Ms. Surekha Kumari, AC to GP-18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   06-04-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                               2. The petitioner has filed the instant application for

                   the following relief(s):

                                            “(i) To quash the order dated 31.05.16
                               passed by Commissioner, Tirhut Division, Muzaffarpur
                               in service Appeal No. 100/16 by which he has dismissed
                               the Service Appeal of the petitioner and confirmed the
                               order being Memo No. 370/ Establishment dt. 30.03.15
                               passed by Dist. Magistrate/Collector, Muzaffarpur in
                               departmental Proceeding No. 7/14 by which the learned
                               Collector has stopped two increments and also ordered
Patna High Court CWJC No.1505 of 2022(5) dt.06-04-2026
                                            2/7




                       that the petitioner is not entitled to anything except the
                       suspension allowance.
                                    (ii) To direct the respondents to pay full
                       salary of the petitioner after deducting during the
                       suspension period after deducting the suspension
                       allowance paid as the respondents had illegally passed
                       order of suspension of the petitioner without following
                       the Rule 17 & 18 of the C.C.A Rule 2005.
                                    (iii) To pass any such other order or orders
                       as this Hon'ble Court thinks fit & proper under the facts
                       & circumstances of this case.”
                      3. The case of the petitioner in brief is that the

          petitioner who was posted as Clerk in Circle Minapur in the

          district of Muzaffarpur was proceeded against in a departmental

          proceeding by serving a copy of the memo of charge in Prapatra

          ‘ka’ which has been brought on record as Annexure-1 to the writ

          application. The petitioner filed a reply to the same and the

          enquiry proceeded wherein the Conducting Officer ie the

          Additional Collector, Muzaffarpur submitted his enquiry report

          dated 5.6.2014. A copy of the enquiry report was provided to the

          petitioner of which he submitted his response. The disciplinary

          authority came out with an order of punishment contained in

          memo no.370 dated 30.3.2015 issued under the signature of the

          District Magistrate, Muzaffarpur inflicting the punishment of

          stoppage of two annual increments with non-cumulative effect

          of the petitioner. The appeal preferred by the petitioner was
Patna High Court CWJC No.1505 of 2022(5) dt.06-04-2026
                                            3/7




          rejected vide order dated 31.5.2016 passed in Service Appeal

          Case no.100 of 2016 by the Commissioner, Tirhut Division,

          Muzaffarpur. It is the order of punishment dated 30.3.2015 and

          the order rejecting the appeal dated 31.5.2016 which are under

          challenge by the petitioner in the instant writ application.

                      4. The application is opposed by learned counsel

          appearing for the respondents. Referring to the statement made

          in the counter affidavit filed, it is submitted that there is no

          procedural irregularity in the proceedings conducted against the

          petitioner who was given opportunity to respond and put

          forward his case at all stages. It is submitted that out of the five

          Bank drafts disbursed from the Mukhya Mantri Relief Fund for

          distribution among the flood victims in the year 2007-08, one of

          the drafts which belonged to the beneficiary of another circle

          was kept by the petitioner and not returned back even after his

          transfer. Thus, on discovery of the same, the proceeding was

          started against the petitioner which ended in the order of

          punishment impugned in the instant application. There being no

          illegality in the proceedings and no merit in the instant writ

          application, the same be dismissed.

                      5. Heard learned counsel for the parties and perused

          the material on record.
Patna High Court CWJC No.1505 of 2022(5) dt.06-04-2026
                                            4/7




                      6. The relevant facts in brief are that while the

          petitioner was posted as a Clerk in the Circle Minapur in the

          district of Muzaffarpur in the office of the B.D.O.-cum-C.O.,

          Minapur, he received five Bank drafts under the Chief

          Minister’s Relief Fund for distribution among the flood victims

          of the year 2007-08. The beneficiary of one of the drafts being a

          resident of another circle, the same did not reach him and

          remained in the file of the petitioner. On the same being

          discovered lead to the departmental proceeding having been

          initiated against the petitioner on the charges that non-

          distribution of the draft to the beneficiary of the flood victim

          showed his negligence towards duty and that the same had been

          retained by him in the file with wrong intention. The petitioner

          submitted his reply to the memo of charge and the departmental

          proceeding continued. An enquiry report came to be submitted

          by the Additional Collector, Muzaffarpur ie the Conducting

          Officer on 5.6.2014, a copy of which has been brought on

          record as Annexure-3 to the writ application.

                      7. Bereft of unnecessary details, it may be observed

          here that perusal of the enquiry report would show that neither

          any witness has been examined in support of the charges

          levelled against the petitioner by the respondents nor any
Patna High Court CWJC No.1505 of 2022(5) dt.06-04-2026
                                             5/7




          document proved by any witness or marked as an exhibit.

                      8. It has been held by the Hon’ble Supreme Court that

          even in the departmental proceeding the charges have to be

          proved on the basis of preponderance of probability by leading

          evidence. Even tendering of the document would not be

          sufficient to bring forth the charges levelled against the

          delinquent employee.

                      9. At this stage, it would be relevant to refer to the

          judgment of the Hon’ble Supreme Court in the case of Roop

          Singh Negi vs. Punjab National Bank; (2009) 2 SCC 570

          which 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
Patna High Court CWJC No.1505 of 2022(5) dt.06-04-2026
                                            6/7




                         evidence.”
                      10. Further, a Division Bench of this Court in the case

          of Devendra Prasad vs. State of Bihar & Ors. (judgment dated

          19.10.2023 passed in LPA no.1302 of 2017), following Roop

          Singh Negi (supra) observed as follows :

                                    “7. As has been held in Roop Singh Negi v
                       Punjab National Bank and others; (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.”
                      11. No witness having been examined nor any

          document having been exhibited in proof in support of the
            Patna High Court CWJC No.1505 of 2022(5) dt.06-04-2026
                                                        7/7




                      charges, the conclusion arrived at in the enquiry report that the

                      charges levelled against the petitioner came to be proved is

                      erroneous and unsustainable. The consequential order of

                      punishment as also the order passed by the Appellate Authority

                      are also unsustainable.

                                  12. In view of the facts and circumstances of the case,

                      the order of punishment contained in memo no.370 dated

                      30.3.2015 (Annexure-6) passed by the District Magistrate,

                      Muzaffarpur as also the order dated 31.5.2016 rejecting the

                      appeal filed by the petitioner in Service Appeal no.100 of 2016

                      (Annexure-7) passed by the Commissioner, Tirhut Division,

                      Muzaffarpur are both unsustainable and are set aside.

                                  13. The writ application is allowed.



                                                 (Partha Sarthy, J)
Saurabh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.