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Patna High Court

Rajnish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The departmental enquiry was vitiated for violating Rule 17(14) and for being based on no evidence, so the dismissal and appellate orders were set aside and the petition was allowed.

Summary

The petitioner, a constable of the Bihar Police, was dismissed following a departmental enquiry into an alleged incident of intoxication and misconduct under the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner contended that the enquiry violated Rule 17(14) of the Bihar Government Servants (C.C.A.) Rules, 2005 because he was not allowed to cross‑examine witnesses and the enquiry relied on unsigned or post‑factum statements, rendering the findings perverse and unsupported by evidence. The appellate authority also dismissed his appeal without considering his defence. Relying on several precedents that quash departmental findings lacking evidence or violating natural‑justice principles, the court held that the enquiry was vitiated, set aside the dismissal and appellate orders, and directed a fresh enquiry with proper compliance of procedural safeguards. The petition was allowed and the petitioner was ordered to be reinstated with consequential benefits.

Issues considered

  • Did the departmental enquiry comply with Rule 17(14) of the Bihar Government Servants (C.C.A.) Rules, 2005 regarding cross‑examination of witnesses?
  • Was the enquiry report perverse or based on no evidence, warranting its quash?
  • Did the dismissal violate the principles of natural justice under Article 311(2) of the Constitution?
  • Did the appellate authority err by not considering the petitioner’s defence and submissions?
  • Is the petitioner entitled to reinstatement and back wages?

Subjects

  • departmental dismissal
  • procedural fairness
  • Rule 17(14)
  • cross‑examination
  • quashing order
  • reinstatement
  • Bihar Police
  • prohibition act
  • natural justice

Judgment

          IN THE HIGH COURT OF JUDICATURE A T PATNA
                   Civil Writ Jurisdiction Case No.15503 of 2022
     ======================================================
     Rajnish Kumar Son of Raj Karan Prasad Singh, Resident of Village-
     Fulmallik, Ward No.-06, Phulmalik, District-Begusarai, Bihar-851217.

                                                           ... ... Petitioner/s
                                    Versus
1.   The State of Bihar through the Principal Secretary, Home Department,
     Government of Bihar at Patna.
2.   Deputy Inspector General, Munger Range, District-Munger.
3.   Superintendent of Police, Jamui, District-Jamui.
4.   Enquiry Officer-cum-Inspector, Jhajha Circle, District-Jamui.
5.   Director General of Police, Bihar, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :      Mr. Sumeet Kumar Singh, Advocate
                             :      Ms. Deepali Singh, Advocate
                             :      Ms. Abhilasha Kumari, Advocate
                             :      Mr. Anmol Kumar, Advocate
                             :      Mr. Kumar Vikram, Advocate
                             :      Mr. Amrendra Kumar, Advocate
                             :      Mr. Raushan Kumar, Advocate
                             :      Mr. Vivek Kumar, Advocate
     For the State           :      Mr. Suman Kumar Jha, A.C. to AAG-3
                             :      Ms. Rupali Jha, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
     ORAL JUDGMENT
      Date : 18-02-2026

                     Heard the learned counsel for the parties.

                     2. The present writ petition has been filed for the

      following reliefs:-

                             I.   That the present writ application is
                                  being filed in the nature of Certiorari
                                  for quashing the Memo No. 493 dated
                                  25.02.2022 (Annexure-P/13) passed by
                                  the Superintendent of Police, Jamui by
                                  which the petitioner has been dismissed
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                                      from the post of constable; on the
                                      ground that the procedure given under
                                      Bihar            Government             Servants
                                      (Classification,       Control      &   Appeal)
                                      Rules, 2005 (herein after referred as
                                      "Bihar CCA Rules, 2005") specially
                                      Rule 17(14) by which the petitioner was
                                      not allowed to cross examine the
                                      witnesses, also the entire proceeding is
                                      without having the proper witness and
                                      an empty formality has been done;
                               II.    That the present writ application has
                                      been filed in the nature of Certiorari for
                                      quashing the Jamui District Order No.
                                      450/2022 bearing memo no. NIL dated
                                      24.04.2022 (Annexure-P/15) passed by
                                      the Deputy Inspector General, Munger
                                      Range, Munger by which the appeal
                                      filed    by      the   petitioner   has    been
                                      dismissed and the order passed by the
                                      appointing authority has been affirmed;
                                      on the ground that despite of raising all
                                      the plea as given under Bihar CCA
                                      Rules, 2005 has not been considered
                                      and it is an empty formality done;
                               III. That the present writ application is being
                                      filed in the nature of Certiorari for
                                      quashing the enquiry report dated
                                      28.12.2021 in District Enquiry No. 72 of
                                      2021 by which the petitioner has found
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                                      to be guilty on the ground that the entire
                                      enquiry, there was no opportunity being
                                      given for cross examination of the
                                      witnesses,       the   witnesses   had   only
                                      identified the signature of the concerned
                                      person, there is no proper enquiry
                                      conducted by following procedure under
                                      Bihar CCA Rules, 2005;
                                 IV. That the present writ application is
                                      being filed in the nature of Mandamus
                                      for a direction to reinstate the petitioner
                                      on the post of Constable in the District
                                      Jamui with all consequential relief;
                     3. The learned counsel for the petitioner submits that

         the petitioner was a constable in the Bihar Police. One FIR

         bearing Laxmipur P.S. Case No. 193 of 2021 dated 28.06.2021

         was instituted under Section 37(b)(c) of the Bihar Prohibition

         and Excise (Amendment) Act, 2018, against the petitioner with

         an allegation that the petitioner had consumed liquor and abused

         other fellow constables and created ruckus in the barrack.

         During breath analyzer test, 92.3 ml per 100 ml of alcohol was

         found and medical test was conducted at Laxmimpur referral

         hospital, where it was confirmed that the petitioner had

         consumed liquor and accordingly he was taken into custody. The

         petitioner was put under suspension w.e.f. 29.06.2021, which

         was subsequently revoked vide memo no. 2783 bearing Jamui
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         District Order No. 1117/21 dated 20.09.2021 issued under the

         signature of the Superintendent of Police, Jamui. Departmental

         proceeding was initiated against the petitioner and vide letter

         contained in Memo No. 3034 dated 29.10.2021 the petitioner

         was directed to file his show cause reply within five days. The

         petitioner submitted his reply wherein he denied the charges and

         it was specifically mentioned by the petitioner that he was

         prescribed medicine by the doctor on 07.04.2021 and since he

         had consumed the medicine, the Officer In-Charge implicated

         him in Laxmipur P.S. Case No. 193 of 2021. The petitioner

         requested the Departmental Authority to take sympathetic view

         against him and to exonerate him from the charges levelled

         against him.

                     4. The learned counsel for the petitioner submits that

         vide Memo No. 3125 dated 12.11.2021 issued under the

         signature of the Superintendent of Police, Jamui, memo of

         charge was issued wherein certain charges were levelled against

         the petitioner and the Presenting Officer and the Enquiry Officer

         were also appointed. The charge contained details of the

         documents and two witnesses to be relied upon by the

         department, during course of enquiry. Vide Memo No. 646 dated

         25.11.2021 issued under the signature of the Enquiry Officer, the
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         petitioner was directed to file show cause reply before the

         Enquiry Officer. It has been contended by the learned counsel

         for the petitioner that even before issuance of letter dated

         25.11.2021, the prosecution witness was already examined by

         the Enquiry Officer and during course of his examination he

         only identified the signature of the Superintendent of Police and

         apart from same, nothing was said by him with regard to the

         charges levelled against the petitioner.

                     5. The learned counsel for the petitioner further

         submits that even the second witness namely Subodh Kumar,

         who was posted as the officer in-charge of Laxmipur police

         station during course of examination deposed on 25.11.2021 and

         he too only identified the signature of the then officer in-charge

         of the Laxmipur police station, namely Mritunjay Kumar Pandit,

         who was the material witness and whose examination was

         relevant for arriving to any conclusion in the departmental

         proceeding.

                     6. The learned counsel for the petitioner points out

         that even from perusal of the evidence of the witness namely

         Subodh Kumar, it would transpire that the signature of the

         petitioner has been taken on the said documents post facto on

         27.11.2022, which suggest that the said witness was not cross
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         examined by the petitioner and his examination was held behind

         the back of the petitioner. Subsequently, vide Memo No. 656

         dated 28.11.2021 issued under the signature of the Enquiry

         Officer, the petitioner was directed to give second show cause

         reply and in compliance thereof the petitioner submitted the

         same, wherein he submitted that since he was suffering from

         chest infection and on advice of the doctor he was prescribed

         medicine, therefore it cannot be presumed that he was under

         influence of liquor. He further submitted that even the urine and

         blood test was never conducted and further pointed out in the

         show cause reply that in the memo of charge no detail and

         description has been given with regard to the persons who were

         there, while the petitioner was creating ruckus in the barrack and

         none of them have been examined during course of the enquiry.

                     7. The learned counsel for the petitioner further

         submits that the entire enquiry has been conducted in complete

         violation of the provisions contained in Rule 17(14) of the Bihar

         Government Servants (C.C.A.) Rules, 2005, since the petitioner

         has not been given any opportunity to cross-examine the

         witnesses, who deposed during the course of departmental

         enquiry and he was only provided with the copy of their

         statement which was recorded behind the back of the petitioner.
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         He further submits that even the witnesses have not deposed

         with regard to the charges levelled against the petitioner, but

         they had only identified the signature of the Superintendent of

         Police and the then officer in-charge. After enquiry, the Enquiry

         Officer submitted his report before the disciplinary authority

         wherein he found the charges to be proved against the petitioner.

         The disciplinary authority i.e. the Superintendent of Police,

         Jamui vide Memo No. 3469 dated 30.12.2021 directed the

         petitioner to submit his reply to the second show cause notice.

         The petitioner immediately on receipt of the notice filed his

         detailed reply, wherein he pointed out the deficiencies during

         course of enquiry and in initiation of the departmental

         proceeding.

                     8. The learned counsel for the petitioner further

         submitted that the Enquiry Officer without examining any

         witness on the charges levelled against the petitioner and

         without having relied on any document proceeded to submit his

         enquiry report, wherein he found the charges to be proved

         against the petitioner. The disciplinary authority vide Memo No.

         493 dated 25.02.2022, without even considering the show cause

         reply filed by the petitioner proceeded to pass the impugned

         order of punishment, whereby the petitioner has been dismissed
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         from service. The petitioner filed statutory appeal before the

         appellate authority i.e. the D.I.G., Munger Range, Munger on

         23.03.2022, wherein he raised various points, including non-

         adherence to the provisions contained in the Bihar Government

         Servants (C.C.A.) Rules, 2005 and the non-examination of the

         material witness and no opportunity to cross-examine, even the

         witnesses who were produced by the department. The petitioner

         further in his appeal stated that non-examination of the material

         witness and the witnesses who were examined by the Presenting

         Officer, prejudiced his case, since he was not given an

         opportunity to rebut the charges levelled against him. The

         petitioner also took a plea in the memo of appeal that even the

         medical officer, who is said to have found the petitioner to be in

         intoxicated condition was not examined and now the report of

         the doctor has been brought on record. However, the appellate

         authority without even considering the points raised by the

         petitioner in his memo of appeal, by his impugned Order No.

         450 of 2022 dated 24.04.2022, rejected the appeal filed by the

         petitioner.

                       9. The learned counsel for the petitioner submits that

         the Enquiry Officer conducted the enquiry in a casual manner,

         without adhering to the provisions contained in the Bihar
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         Government Servants (C.C.A.) Rules, 2005, since neither the

         informant of Laxmipur P.S. Case No. 193 of 2021, which was

         the basis of initiation of departmental proceeding against the

         petitioner, was examined nor the doctor, who is said to have

         conducted the breath analyzer test upon the petitioner and found

         him to be in intoxicated condition, was examined. The

         department instead choose to examine the officer in-charge of

         Laxmipur, P.S., who was posted at the time when departmental

         enquiry was being conducted and he only identifies the signature

         of the informant of Laxmipur P.S. Case no. 193 of 2021. He

         further submits that even the breath analyzer report has not been

         brought on record. Neither the statement nor the persons in

         presence of whom the petitioner was said to have created

         ruckus, were examined or their evidences were brought on

         record. He further submits that the petitioner has even not given

         any opportunity to cross-examine the two witnesses, since they

         were examined behind the back of the petitioner and they have

         stated nothing, apart from proving the signatures of two persons.

         He further submits that the petitioner in his second show cause

         reply has specifically stated that no evidence of witness

         Mritunjay Kumar Pandit was recorded and since the evidence of

         Mirtunjay Kumar Pandit was not recorded, the petitioner was
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         denied an opportunity to cross-examine him. He further pointed

         out that in the show cause reply, the statement of the person,

         who was in the barrack with the petitioner, has been ignored

         although the petitioner has referred to the same and he has only

         been proceeded against on the basis of the First Information

         Report.

                     10. The learned counsel for the petitioner refers to and

         relies on a judgment dated 17.08.2021 passed by a Co-ordinate

         Bench of this Court in C.W.J.C. No. 2950 of 2021

         (Indubhushan Kumar vs. The State of Bihar and Ors.)

         reported in (2022) 2 BLJ 26 wherein in paragraph no. 5, 8, 10

         and 11 it has been held as follows:

                                        “ 5. The learned counsel for the petitioner
                                           has submitted that the present case is a
                                           case of no evidence, inasmuch as
                                           neither the officials nor the passengers
                                           of A.C. Coach of Vibhuti Express, with
                                           whom the petitioner is alleged to have
                                           had an altercation in a drunken state,
                                           have been examined nor the informant
                                           of F.I.R. in question has been examined
                                           nor the doctor who had conducted the
                                           F.S.L.      test   has   been   examined.
                                           Moreover, it is submitted that the F.S.L.
                                           report of the blood and urine sample of
                                           the petitioner has been found to be
                                           containing zero alcohol, hence it has
                                           been proved that the petitioner had not
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                                           consumed liquor. It is submitted that in
                                           fact, a bare perusal of the inquiry
                                           report dated 03.05.2017 would show
                                           that the Inquiry Officer has also not
                                           found any evidence either regarding the
                                           petitioner having consumed any liquor
                                           or any witness having supported the
                                           allegation of altercation having taken
                                           place in between the passengers and
                                           the      petitioner.       Nonetheless,         a
                                           perfunctory and perverse inquiry report
                                           has    been         submitted        against   the
                                           petitioner.

                                        8. The findings recorded in a domestic
                                           enquiry       can     be   characterised       as
                                           perverse if it is shown that such
                                           findings are not supported by any
                                           evidence on record or are not based on
                                           the evidence adduced by the parties or
                                           no reasonable person could have come
                                           to those findings on the basis of that
                                           evidence. This principle was laid down
                                           by this Court in State of A.P. v. Rama
                                           Rao MANU/SC/0222/1963 : [(1964) 2
                                           LLJ 150 : AIR 1963 SC 1723 : (1964) 3
                                           SCR 25] in which the question was
                                           whether the High Court under Article
                                           226 could interfere with the findings
                                           recorded at the departmental enquiry.
                                           This decision was followed in Central
                                           Bank of India Ltd. v. Prakash Chand
                                           Jain MANU/SC/0416/1968 : [(1969) 2
                                           LLJ 377 : AIR 1969 SC 983] and
                                           Bharat      Iron      Works     v.     Bhagubhai
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                                           Balubhai Patel [MANU/SC/0345/1975:
                                           (1976) 1 SCC 518 : 1976 SCC (L&S)
                                           92 : 1976 Lab IC 4 : AIR 1976 SC 98 :
                                           (1976) 2 SCR 280]. In Rajinder Kumar
                                           Kindra          v.         Delhi          Admn.
                                           [MANU/SC/0285/1984: (1984) 4 SCC
                                           635 : 1985 SCC (L&S) 131 : AIR 1984
                                           SC 1805 : (1985) 1 SCR 866] it was
                                           laid down that where the findings of
                                           misconduct are based on no legal
                                           evidence and the conclusion is one to
                                           which no reasonable man could come,
                                           the    findings      can   be      rejected     as
                                           perverse. It was also laid down that
                                           where a quasi-judicial tribunal records
                                           findings based on no legal evidence
                                           and the findings are its mere ipse dixit
                                           or based on conjectures and surmises,
                                           the enquiry suffers from the additional
                                           infirmity of non-application of mind
                                           and stands vitiated.

                                       10. Thus, this Court finds from the inquiry
                                           report      dated    03.05.2017       that     no
                                           relevant      witness      i.e.    either      the
                                           staff/officials/passengers of the train in
                                           question or the informant who had
                                           lodged the F.I.R. or the doctor who had
                                           conducted      F.S.L.      test    have       been
                                           examined and moreover, the Inquiry
                                           Officer himself, in his Inquiry report
                                           dated 03.05.2017 has not found any
                                           evidence as against the petitioner
                                           herein visa-vis the charges levelled
                                           against him, thus on the very face of it,
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                                           the inquiry report dated 03.05.2017 is
                                           non est in the eyes of law, as such,
                                           stands vitiated, hence is quashed,
                                           especially being contrary to the law
                                           laid down by the Hon'ble Apex Court in
                                           the case of Roop Singh Negi (supra),
                                           Kuldeep Singh (supra) and Saroj Kr.
                                           Sinha       (supra).      Consequently,    the
                                           impugned order of punishment dated
                                           29.03.2019,               passed    by     the
                                           Commandant,            BMP-4,      Dumraon,
                                           Buxar, is also quashed since the same is
                                           based on a perverse, perfunctory and
                                           an unlawful inquiry report, which has
                                           already stood quashed. Since the views
                                           expressed by the disciplinary authority
                                           in its order of punishment dated
                                           29.03.2019 have been mechanically
                                           endorsed by the appellate authority and
                                           moreover, the order of punishment
                                           dated 29.03.2019 has already stood
                                           quashed herein above, the order dated
                                           01.01.2020, passed by the appellate
                                           authority i.e. the Deputy Inspector
                                           General of Police, Military Police,
                                           Central Zone, Patna rejecting the
                                           appeal of the petitioner has got no legs
                                           to stand, hence is also set aside.

                                      11. Now coming to the issue of back wages,
                                           this    Court     finds     that   since   the
                                           disciplinary proceedings have been
                                           attended with malafide and since the
                                           actions of the disciplinary authority
                                           reek of a design to somehow inflict
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                                           punishment of dismissal upon the
                                           petitioner herein, this Court deems it fit
                                           and appropriate to grant 100% back
                                           wages to the petitioner herein along
                                           with other consequential benefits as is
                                           admissible to the petitioner, in view of
                                           the law laid down by the Hon'ble Apex
                                           Court in the case of case Deepali
                                           Gundu Surwase Vs. Kranti Junior
                                           Adhyapak         Mahavidyalaya              &    Ors.,
                                           reported         in        MANU/SC/0942/2013:
                                           (2013) 10 SCC 324.”

                         11. The learned counsel for the petitioner further

         refers to and relies on a judgment passed by a Co-ordinate

         Bench of this Court on 11.09.2023 in C.W.J.C. No. 4496 of 2023

         Radheshyam Ram vs. The State of Bihar and Ors. wherein in

         paragraph no. 5 and 6 it has been held as follows:

                                             5. The Presenting Officer, in the entire
                                                  proceedings, has not placed the
                                                  alleged breath analyzer report or
                                                  any test report, based on which, it
                                                  is alleged that the fact of petitioner
                                                  being under influence of alcohol
                                                  was confirmed. The Court would,
                                                  therefore, record that the instant
                                                  case is a case of no evidence in
                                                  support        of    the     allegation      of
                                                  petitioner being under influence of
                                                  alcohol as it is the case of the 2nd
                                                  witness also that confirmation of
                                                  this fact was only by virtue of a
                                                  "test",    even       that    test       report,
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                                                  however, is not to be found in the
                                                  proceeding. In absence of the test
                                                  report, the case would come under
                                                  the purview of a case of no
                                                  evidence.

                                              6. Insofar as the interference with the
                                                   findings in a proceedings are
                                                   concerned, the decision of the
                                                   Apex court in the case of Union of
                                                   India & Ors. vs. P. Gunasekaran
                                                   reported in (2015) 2 SCC 610 is
                                                   worth consideration in the instant
                                                   case. The Hon'ble Apex Court has
                                                   time and again reiterated the
                                                   contours of exercise of judicial
                                                   review in matters arising out of a
                                                   departmental proceedings. It has
                                                   been emphasized that review is
                                                   confined to the decision making
                                                   process and not the decision itself.
                                                   Such proposition of law, however,
                                                   is subject to certain exception
                                                   such as where in a case the
                                                   findings are perverse or founded
                                                   on no evidence. In the instant
                                                   case, this Court has already held
                                                   that it is a case of no evidence.
                                                   The order of the Superintendent of
                                                   Police       dated        31.08.2021
                                                   (Annexure-7)         visiting       the
                                                   petitioner      with            extreme
                                                   punishment     of     dismissal     is,
                                                   therefore, unsustainable in law as
                                                   well in fact. The order of the
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                                                  Appellate Authority (Annexure-8)
                                                  confirming such illegal order,
                                                  therefore, must also collapse and
                                                  is hereby quashed. This Court
                                                  would also quash the order passed
                                                  by the D.G.P. dated 22-08-2022,
                                                  as contained in Annexure-9 to the
                                                  writ petition on the memorial filed
                                                  by the petitioner. The petitioner is
                                                  to be reinstated forthwith and the
                                                  Disciplinary    Authority    should
                                                  proceed after the stage of service
                                                  of charge memo, in accordance
                                                  with law.

                         12. The learned counsel for the petitioner further

         submits that the entire departmental proceeding has been

         conducted in complete violation of the provisions contained in

         Rule 17(14) of the Bihar Government Servants (C.C.A.) Rules,

         2005, since only two witnesses were examined during course of

         enquiry, but the petitioner was never given any opportunity to

         cross-examine the said witnesses and this plea has specifically

         been taken by the petitioner in his reply to the second show

         cause notice. In this regard the learned counsel for the petitioner

         relies on a judgment of a Co-ordinate Bench of this Court

         reported in 2025 (3) PLJR 547 Ranjan Kumar vs. The State of

         Bihar and Ors., wherein in paragraph no. 17 to 20 it has been

         held as follows:
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                                      “ 17. Rule 17(14) clearly prescribes that on
                                           the date fixed for the inquiry, the oral
                                           and documentary evidence by which the
                                           articles of charge are proposed to be
                                           proved shall be produced by or on
                                           behalf of the disciplinary authority. The
                                           witnesses shall be examined by or on
                                           behalf of the Presenting Officer and
                                           cross-examined by or on behalf of the
                                           Government Servant. The Presenting
                                           Officer shall be entitled to re-examine
                                           the witnesses on any points on which
                                           they have been cross- examined, but not
                                           on any new matter, without the leave of
                                           the inquiring authority. The inquiring
                                           authority is also empowered to put such
                                           questions to the witnesses, as it thinks
                                           fit. From the conjoint reading of all the
                                           aforementioned,        prima         facie,
                                           prescriptions of CCA Rules, 2005 it
                                           would be evident that the legislation has
                                           interfered    and     emphasized       the
                                           obligation    upon    the      disciplinary
                                           authority to produce the document and
                                           the witnesses of each article of charge is
                                           proposed to be sustained.

                                      18. In the light of the statutory prescriptions
                                           noted hereinabove, now coming to the
                                           memo of charge, the copy of which is
                                           placed on record as Annexure-P/12. The
                                           list of documents contains four letters
                                           issued by different authorities. However,
                                           admittedly there is no list of witnesses.
                                           The charges in sum and substance
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                                           alleged against the delinquent with
                                           regard to dereliction of duty and laxity
                                           in investigation; and engaging in acts,
                                           which aimed at and facilitated holding
                                           the accused persons, in the opinion of
                                           this Court, cannot sustain only on
                                           documentary evidence, rather the same
                                           is to be proved by oral evidence.
                                           Moreover,    even     the   documentary
                                           evidence, which has been produced
                                           during the course of investigation, none
                                           of the witnesses have come forward to
                                           prove the content thereof. It has rightly
                                           been urged by the learned Advocate for
                                           the petitioner that the SHO of the
                                           concerned    police   station   was   the
                                           relevant witness to prove the charge
                                           no.1, his deposition has not even been
                                           recorded. Similarly, the Superintendent
                                           of Police, Munger and the investigating
                                           officer of the questioned police station
                                           case, their depositions have not been
                                           recorded by the Conducting officer. This
                                           Court also finds substance in the
                                           submission that in the case in hand, the
                                           onus to prove the charge has been
                                           erroneously shifted to the petitioner. The
                                           Court on innumerable occasion has
                                           emphasized and underscore that a
                                           finding can be arrived at by the enquiry
                                           officer, if there is some evidence on
                                           record. The evidence must be admissible
                                           evidence and non- else.

                                      19. In the case of Roop Singh Negi (supra),
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                                           the     Apex      Court           held   that   mere
                                           production of a document is not enough.
                                           Contents of documentary evidence have
                                           to     be      proved        by     examining    the
                                           witnesses. The Court further observed
                                           that since a departmental proceeding is
                                           a      quasi     judicial         proceeding.    The
                                           Enquiry Officer performs a quasi
                                           judicial function. The charges leveled
                                           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. Hence, the
                                           Court       finally     observed         that   mere
                                           tendering of the documents would not
                                           suffice and the reliance placed by the
                                           Enquiry Officer on the FIR could not
                                           have been treated as evidence.

                                      20. Similarly, in the case of Saroj Kumar
                                           Sinha (supra), the Court cautioned that
                                           even an ex-parte enquiry, it is the duty
                                           of the enquiry officer to examine the
                                           evidence presented by the department to
                                           find     out     whether           the    unrebutted
                                           evidence is sufficient to hold that the
                                           charges are proved. It would be prudent
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                                           to encapsulate the relevant extract of
                                           the decision, which shall answer and
                                           cover the issue involved herein:

                                                  "28. An inquiry officer acting in
                                                  a quasi-judicial authority is in
                                                  the position of an independent
                                                  adjudicator. He is not supposed
                                                  to be a representative of the
                                                  department/disciplinary
                                                  authority/Government.              His
                                                  function is to examine the
                                                  evidence    presented        by    the
                                                  Department,        even      in    the
                                                  absence     of     the     delinquent
                                                  official to see as to whether the
                                                  unrebutted evidence is sufficient
                                                  to hold that the charges are
                                                  proved. In the present case the
                                                  aforesaid procedure has not
                                                  been observed. Since no oral
                                                  evidence has been examined the
                                                  documents        have     not     been
                                                  proved, and could not have
                                                  been taken into consideration to
                                                  conclude that the charges have
                                                  been      proved        against    the
                                                  respondents.

                                                  29. Apart from the above, by
                                                  virtue of Article 311(2) of the
                                                  Constitution       of     India    the
                                                  departmental enquiry had to be
                                                  conducted in accordance with
                                                  the rules of natural justice. It is
                                                  a basic requirement of the rules
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                                                  of   natural    justice   that    an
                                                  employee be given a reasonable
                                                  opportunity of being heard in
                                                  any proceedings which may
                                                  culminate in punishment being
                                                  imposed on the employee."

                         13. The learned counsel for the petitioner further

         refers to and relies on a judgment of a Co-ordinate Bench of this

         Court dated 07.01.2025 passed in C.W.J.C. No. 9570 of 2021

         Deokant Sinha vs. The State of Bihar and Ors., wherein in

         paragraph Nos. 17 & 21 it has been held as follows:

                                       “ 17. It would also be relevant to take note
                                           of Rule 17(14) which obliges the
                                           Enquiry Officer that after examination
                                           of the witnesses by or Presenting
                                           Officer he or they may be cross
                                           examined      or      on   behalf   of    the
                                           Government Servant.

                                       21. This Court has also gone through the
                                           impugned order of dismissal as well as
                                           the appellate order. There is absolutely
                                           no consideration of the explanations
                                           submitted by the petitioner in relation
                                           to the charges levelled against him and
                                           his    submission      indicating   various
                                           infirmities and illegalities in defiance
                                           with the provisions contained in Rule
                                           17 of the Rules, 2005 as well as the
                                           judicial pronouncements of the Hon'ble
                                           Supreme       Court.       Moreover,      the
                                           discussion,        hereinabove,         would
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                                           manifestly confirm that the orders
                                           impugned are based on a proceeding
                                           which suffers from multiple statutory
                                           violation where the orders put to
                                           challenge,       were     founded    on    the
                                           proceeding which defaults on the
                                           mandatory prescribed procedure, the
                                           entire proceeding stands vitiated for
                                           once the foundation on which the
                                           orders are resting is removed, the
                                           edifice built thereon has to collapse
                                           [vide; Uday Pratap Singh (supra)].”

                         14. The learned counsel for the petitioner further

         relies on a judgment reported in (2022) 4 PLJR 87 Manik

         Besra vs. The State Bank of India and Ors. wherein in

         paragraph no. 8 it has been held as follows:

                                       " 8. Undisputed facts are that the petitioner
                                           was subjected to parallel proceedings
                                           on alleged certain misdeeds stated to
                                           have been committed. In the criminal
                                           proceedings in view of filing of the 'B'
                                           report      on     30.11.2007       and     its
                                           acceptance on 27.03.2010 the criminal
                                           proceedings stands closed. In respect of
                                           disciplinary proceedings second show
                                           cause notice was issued on 26.05.2010
                                           asking the petitioner to submit his
                                           explanation within a period of two
                                           weeks. Even though petitioner had not
                                           sought for extension of time to submit
                                           his    reply     beyond    the   time     limit
                                           stipulated. However, the disciplinary
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                                           authority while passing order with
                                           reference   to   dated    17/26.06.2010
                                           referred to the petitioner's reply to the
                                           second show cause notice. However,
                                           there is not even a single contention has
                                           been dealt by the disciplinary authority.
                                           No doubt, disciplinary authority need
                                           not elaborately consider each and
                                           every contention. At least, in brief, a
                                           gist of the reply to the second show
                                           cause notice was required to be
                                           considered by the disciplinary authority
                                           for the reasons that object of issuance
                                           of second show cause notice and
                                           receipt of explanation procedure would
                                           be defeated if it is not considered.
                                           Therefore, the disciplinary authority
                                           should have, in brief, examined the
                                           petitioner's reply to the second show
                                           cause notice. Therefore, there is non-
                                           application of mind by the disciplinary
                                           authority   in   not   considering   the
                                           contention of the petitioner as against
                                           second show cause notice.”
                      15. Per contra, the learned counsel for the State

         submits that the petitioner duly participated in the enquiry

         proceeding without any objection and now he cannot question

         the sanctity of the proceedings, since the departmental

         proceeding was conducted strictly in conformity with the

         provisions contained in Bihar Government Servants (C.C.A.)

         Rules, 2005 and the petitioner was given sufficient opportunity
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         to defend himself, even the two witnesses who were examined

         by the Enquiry Officer identified the signature of Mritunjay

         Kumar Pandit and the other person.

                      16. The learned counsel for the State further submits

         that the Enquiry Officer has taken note of all the relevant facts

         and statutory provisions as well as existing Bihar Prohibition

         and     Excise     (Amendment)           Act,   2018   which   prohibits

         consumption/transportation etc. of liquor in the State of Bihar

         and upon consideration of all the materials placed before him, he

         found the charges levelled against the petitioner to be proved

         and accordingly submitted his enquiry report, which is based on

         facts and the evidences.

                      17. The learned counsel for the State further submits

         that the petitioner appeared in the departmental proceeding and

         never raised any objection with regard to the manner in which

         the departmental proceeding was being conducted. The

         witnesses, who deposed before the Enquiry Officer proved the

         charges against the petitioner and upon conclusion of the

         enquiry proceeding, the Enquiry Officer came to the conclusion

         that all the charges against the petitioner have been found to be

         proved.

                      18. The learned counsel for the respondent-State
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         further submits that the order passed by the Superintendent of

         Police, Jamui is based on materials, which were placed before

         him and which were gathered by the Enquiry Officer during

         course of departmental proceeding and upon due consideration

         of the reply submitted by the petitioner and after going through

         the enquiry report, he proceeded to dismiss the petitioner from

         service, which is in conformity with the documents and

         evidence produced before him.

                      19. The learned counsel for the State finally submits

         that it is incorrect to submit that the defence taken by the

         petitioner in his second show cause notice or the grounds taken

         by the petitioner in his memo of appeal were not considered by

         the disciplinary authority or the appellate authority.

                      20. Having heard the learned counsel for the parties

         and after going through the documents available on record, this

         Court find that after issuance of memo of charge to the

         petitioner and before he was directed by the Enquiry Officer to

         appear before him, two of the witnesses who were named in the

         memo of charge, were already examined and post facto

         signature of the petitioner was obtained on the written statement

         of one of the witnesses namely Subodh Kumar, which goes to

         show that the petitioner was not given any opportunity to cross-
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         examine the witnesses and even the witnesses who were

         examined did not prove the case of the prosecution i.e. the

         department and only proved the signature of two persons. From

         the above, this Court finds that the Enquiry Officer conducted

         the enquiry in complete violation of the provisions contained in

         Rule 17(14) of the Bihar Government Servants (C.C.A.) Rules,

         2005. Further it also appears that the disciplinary authority while

         passing the impugned order did not consider the second show

         cause reply filed by the petitioner, since no where any

         consideration has been made with regard to the defence taken by

         the petitioner in his second show cause reply, although it was

         required to be considered, since the petitioner in his second

         show cause reply has taken a plea that the Enquiry Officer has

         violated the provisions contained in Rule 17(14) of Bihar

         Governmetn Servant (C.C.A.) Rules, 2005 and he was never

         given any opportunity to cross-examine the informant or even

         the witnesses who proved the signatures. Further, the appellate

         authority also did not take into account the defence taken by the

         petitioner in his memo of appeal and he, in a mechanical manner

         proceeded to reject the appeal preferred by the petitioner and no

         consideration has been made in his order dated 24.04.2022 with

         regard to the defence taken by the petitioner in his memo of
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         appeal.

                      21. This Court further finds that the informant of the

         criminal case was not examined to prove the case, which denied

         an opportunity to the petitioner to cross-examine him, to prove

         his innocence. Not a single witness was examined by the

         prosecution who were present at the time, when the petitioner is

         said to have created ruckus in intoxicated condition in the

         barrack. Even the doctor who examined the petitioner, was not

         examined and the blood and urine sample were not collected or

         report of the same was produced.

                      22. Accordingly, on the basis of consideration made

         above, the impugned order contained in Memo No. 493 dated

         25.02.2022 passed by the Superintendent of Police, Jamui, the

         appellate order contained in Jamui District Order No. 450 of

         2022 dated 24.04.2022 issued under the signature of the D.I.G.,

         Munger Range, Munger, the letter no. 66 dated 02.02.2024

         issued under the signature of the Director General of Police,

         Bihar, Patna, by which the memorial preferred by the petitioner

         has been rejected and the enquiry report no. 72 of 2021 dated

         28.12.2021 deserves to be set aside and are accordingly set

         aside.

                        23.     The     matter     is   remitted   back   to   the
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                      Superintendent of Police, Jamui to proceed afresh from the stage

                      of issuance of memo of charge itself after giving due

                      opportunity to the petitioner to participate in the proceeding. The

                      entire exercise must be completed within a period of six months

                      from the date of receipt/production of a copy of the order. If the

                      disciplinary authority finds the petitioner to be not guilty, then

                      the petitioner would be entitled for all the consequential

                      benefits.

                                     24. With the aforementioned observations and

                      directions, the writ petition is allowed.

                                     25. Pending applications, if any, shall also stands

                      disposed of.




                                                  (Ritesh Kumar, J)

Abhishek
Ajay/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.03.2026
Transmission Date       NA


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