Patna High Court
Amarendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The appellate authority exceeded its jurisdiction and failed to apply a judicial mind, warranting quashing of its order and remand for fresh adjudication.
Summary
The petitioner, a school employee, challenged a disciplinary charge and punishment imposed by the education department, which included stoppage of increments and a monetary deposit. He appealed the punishment order, but the Regional Deputy Director of Education (appellate authority) dismissed the appeal without proper consideration and ordered recovery of the amount and initiation of fresh proceedings on the same charges. The petitioner filed a writ of certiorari seeking quashing of the charge memo, the appellate order, and the fresh charge memo, alleging procedural irregularities and lack of jurisdiction. Both parties consented to a limited disposal, and the High Court examined whether the appellate authority had acted within its powers and complied with natural justice. The Court held that the appellate authority had exceeded its jurisdiction, quashed its order, and remanded the matter back for a fresh, reasoned decision, staying the original punishment pending the new hearing.
Issues considered
- The appellate authority acted within its jurisdiction in rejecting the appeal and ordering recovery of the monetary penalty.
- Whether the appellate authority complied with principles of natural justice in hearing the appeal.
- Whether a fresh departmental proceeding on the same charges is permissible under the Bihar CCA Rules, 2005.
- Whether the punishment order should be stayed pending a fresh adjudication.
Subjects
- departmental disciplinary proceedings
- writ of certiorari
- quashing order
- appellate jurisdiction
- natural justice
- Bihar education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1538 of 2025
======================================================
Amarendra Kumar Son of Late Nageshwar Bhagat Resident of Mohalla-J. P.
Nagar, (North of Purnea Court Station),, Police Station-K. Hat, District-
Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Goverment of Bihar, Patna.
2. The Director, Primary Education, Goverment of Bihar, Patna.
3. That Regional Deputy Director of Education, Purnea Division, Purnea.
4. The District Education Officer, Purnea.
5. The District Proframme Officer (Establishment), Purnea.
6. The District Programme Office (Primary Education and Sarva Shiksha
Abhiyan) Purnea.
7. The Programme Officer, P.M. Poshan Yojana, Purnea.
8. The Block Education Officer, K.Nagar Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar Choudhary
For the respondents Mr Dhurjati Kumar Prasad, GP 14
Mr. Girijesh Kumar
Mr. Akash Andand
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 31-03-2026 Heard the learned counsel for the petitioner and the
learned counsel for the respondent-State.
2. The petitioner, in the present writ application, has
prayed for grant of the following reliefs:-
“(i) For issuance of writ in the nature of
certiorari for quashing the Memo of Charge
contained in Memo No. 132 Purnea, dated
14.01.2023 (Annexure-P/3) and the order
imposing punishment as contained in Memo
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No. 604 (Est.) Purnea, dated 05.03.2024
(Annexure-P/5) by which the disciplinary
authority has found the Charge No. 6 & 7
proved against the petitioner and awarded
two punishnfent i.e. stoppage of three
annual increments with noncumulative
effects and directed to deposit Rs.7,08,857/-
in the account of the school education
committee within 15 days.
(ii) For issuance of writ in the nature of
certiorari quashing the appellate order
contained in Memo No. 397 Purnea, dated
09.07.2024 (Annexure-P/7) by which the
appellate authority i.e. the Regional Deputy
Director of Education, Purnea has rejected
the appeal of the petitioner by affirming the
order of punishment contained in Memo No.
604 (Est.) Purnea, dated 05.03.2024 and
further directed to recover Rs. 7,16,779/-
from the petitioner and to initiate the
departmental proceeding a fresh.
(iii) For quashing the Memo No. 2159
Dated 08.08.2024 (Annexure-P/8) by which
memo of charge has been served upon the
petitioner in a fresh departmental
proceeding based on the same set of charge.
(iv) For quashing the letter No. 2121 dated
06.08.2024 (Annexure-P/9) by which the
disciplinary authority has directed to
deposit Rs. 7,08,857//i.e the punishment
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awarded at first instance without
concluding the subsequent proceeding
initiated in compliance of the order of the
appellate authority.
(v) For any other relief reliefs for which the
petitioner is entitled for in the eye of law.”
(vi) Whether the appellate authority is not
playing his role as the post office in case
of the petitioner while rejecting the appeal
and holding Rs. 7,16,779/- as
recoverable.”
3. With the consent of the parties, this writ application
is being disposed of to the limited extent of relegating the
petitioner to the Appellate Authority i.e. the Regional Deputy
Director of Education, Purnea for deciding the appeal of the
petitioner afresh.
4. The learned counsel for the petitioner submits that
the petitioner had filed an appeal before the Appellate Authority
i.e. the Regional Deputy Director of Education, Purnea, by
which the petitioner had challenged the order of punishment
contained in Memo No. 604 (Est.) Purnea dated 05.03.2024, by
which two punishments had been inflicted on the petitioner i.e.
stoppage of three annual increments with non-commulative
effect and direction to deposit Rs. 7,08,857/- in the account of
the School Education Committee within 15 days.
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5. The learned counsel for the petitioner submits that
the Appellate Authority decided the appeal in an improper
manner, without considering the submissions made by the
petitioner in the memo of appeal. The order passed by the
Appellate Authority is contained in Memo No. 397, Purnea
dated 09.07.2024 (Annexure-P/7), which has also been assailed
in the present writ application.
6. While assailing the order of the Appellate
Authority, the petitioner in paragraph nos. 13, 14 and 15 has
specifically stated as follows:-
“13. That the appellate authority in most
perfunctory manner, without considering the
issue raised by the petitioner has rejected the
appeal and directed the District Programme
Officer (Establishment) to recover
Rs.7,16,779/- from the petitioner within a
week and deposit it in the account of School
Education Committee. This order has been
communicated to all concerned vide Memo
No. 397 Purnea, dated 09.07.2024.
14. That from bare perusal of the aforesaid
appellate order dated 09.07.2024 it will be
evident that in one hand the RDDE Purnea
observed that during the course of hearing
either the District Education Officer or the
District Programme Officer (Establishment),
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Purnea was not present nor they have
produced any evidence / statement in the
proceeding of appeal even after repeated
notice. Even though the Appellate Authority
has pleased to direct the authority to recover
Rs.7,16,779/- immediately. Such type of the
decision would go to show that the appellate
authority does not apply his judicious mind
nor considered the appeal in proper manner
and thus the impugned order passed by the
Appellate Authority required to be quashed.
15. That it is further humbly submitted that
not only recovery of Rs.7,16,779/- rather, the
appellate authority has directed to reinitiate
the departmental proceeding a fresh for the
same set of charges which is not permissible
at all because there is no such provision in the
Bihar CCA Rules, 2005 to pass such type of
order under appellate jurisdiction. However
the disciplinary authority in compliance of the
order dated 09.07.2024 (i.e Annexure-P/5)
passed by the appellate authority has framed
the fresh memo of charge and served upon the
petitioned vide Memo No. 2159 Dated
08.08.2024 directing him to file explanation.”
7. The learned counsel for the respondent-State
submits that the respondent-State does not have objection, if
the appellate order dated 09.07.2024 (Annexure-P/7) is
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quashed and the matter is relegated/remanded back to the
Appellate Authority i.e. the Regional Deputy Director of
Education, Purnea, to decide the appeal filed by the petitioner
afresh.
8. Considering the submissions made by both the
parties, this consensual order is being passed, quashing the
order of the Appellate Authority contained in Memo No. 397,
Purnea dated 09.07.2024 (Annexure-P/7) and the matter is
remanded back to the Appellate Authority i.e. the Regional
Deputy Director of Education, Purnea to decide the appeal of
the petitioner afresh, after giving due and proper opportunity of
hearing to the petitioner. The final order, which shall be passed
by the Appellate Authority, should be a reasoned and speaking
order. While disposing of the appeal of the petitioner, the
Appellate Authority is directed to taking into consideration
Letter No. 2558 dated 29.10.2013 issued by the Principal
Secretary of Education Department, Govt. of Bihar to all the
District Programme Officers (MDM), wherein guideline has
been given for dealing with the situation at hand.
9. Till such time the appeal is decided afresh by the
Appellate Authority i.e. the Regional Deputy Director of
Education, Purnea, the punishment order contained in Memo
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No. 604 (Est.), Purnea dated 05.03.2024 (Annexure-P/5), shall
not be given effect to and will be kept in abeyance.
10. This writ application is disposed of in the
aforesaid terms.
11. All pending interlocutory application(s), if any,
shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J)
HR/-
U
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