Patna High Court
Abdul HamidversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The Court set aside the charge memo, punishment order and review order, holding that the charge was not sustainable and the punishment was illegal.
Summary
The petitioner, a Deputy Collector who briefly held additional charge as Block Development Officer, was charged with sanctioning 16 Indira Awas houses to non‑BPL families during his short tenure and faced a minor punishment order. He contended that the alleged sanctions were made by the preceding B.D.O., that he issued only a second installment to seven beneficiaries, and that the charge memo and punishment order contained inconsistent allegations, violating Rule 19 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005. The State argued that the minor punishment did not require full departmental proceedings and that the petitioner’s inaction caused a loss of Rs 3,86,100 to the exchequer. The Court examined the discrepancy between the charge memo and the punishment order and held that a person can be punished only on the basis of the charge alleged. Finding the charge unsupported, the Court quashed the charge memo, punishment order and the review order, directing compensation to be calculated and paid to the petitioner, and allowed the writ petition.
Issues considered
- Whether the disciplinary authority can impose punishment when the charge memo and punishment order allege different facts.
- Whether Rule 19 of the Bihar CCA Rules, 2005 mandates departmental proceedings for minor punishments.
- Whether the petitioner is liable for sanctioning Indira Awas to non‑BPL families and the resulting pecuniary loss.
- Whether the disciplinary and review orders are legally valid in view of the alleged procedural irregularities.
Subjects
- disciplinary action
- minor punishment
- Rule 19
- Bihar CCA Rules
- Indira Awas
- government servant
- promotion
- review order
- charge memo
- civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2553 of 2022
======================================================
Abdul Hamid Son of Late Md. Saied, Resident of Village - Chandi, P.O. -
Narhi Chandi, P.S. - Chandi, District - Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of General
Administration, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Rural Development, Govt. of Bihar,
Patna.
3. The Additional Secretary, Department of General Administration, Govt. of
Bihar, Patna.
4. The Deputy Secretary, Department of General Administration, Govt. of
Bihar, Patna.
5. The Under Secretary, Department of General Administration, Govt. of Bihar,
Patna.
6. The Additional Secretary, Department of Rural Development, Govt. of
Bihar, Patna.
7. The District Magistrate, Nalanda at Bihar Sharif.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Singh, Sr. Advocate
Mr. Nikesh Kumar, Advocate
For the State : Mr. Suman Kumar Jha (AC to AAG-3)
Ms. Rupali Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 07-01-2026
Heard learned Senior counsel Mr. Shekhar Singh
assisted by Mr. Nikesh Kumar for the petitioner and learned
counsel Mr. Suman Kumar Jha assisted by Ms. Rupali Jha for
the State.
2. By way of filing the present writ petition, the
memo of charge as contained in Letter No. 181002 dated
20.03.2014 and Letter No. 14193 dated 15.10.2014 (annexed as
Annexure-1), the punishment order as contained in Memo No.
Patna High Court CWJC No.2553 of 2022 dt.07-01-2026
2/6
9507 dated 26.08.2021 (annexed as Annexure-4) and the review
order as contained in Memo No. 13706 dated 22.11.2021
(annexed as Annexure-6), all have been challenged.
3. Learned Senior counsel for the petitioner submits
that the petitioner is a Deputy Collector and was posted as
Circle Officer from 14.04.2004 to 29.05.2005 in the Rahui
Block, District- Nalanda. Senior counsel submits that during his
posting as Circle Officer in the Rahui Block, the Block
Development Officer died and then the petitioner was provided
additional charge of Block Development Officer w.e.f
09.10.2004 to 12.01.2005. He submits that subsequently, the
petitioner was transferred and started working as Executive
Officer, Nagar Parishad, Benipur, District- Darbhanga. During
his posting at Darbhanga, he received a letter bearing Letter No.
1508 dated 27.10.2014, Memo No. 14193 dated 15.10.2014
including Letter No. 181002 dated 20.03.2014 containing memo
of charge dated 22.01.2013 for the alleged wrong which he has
done during his period of additional charge of B.D.O w.e.f
09.10.2004 to 12.01.2005 with allegation of sanctioning 16
Indira Awas to non BPL members. Senior counsel submits that
upon receiving the charge memo and letter, the petitioner has
filed show cause and in his reply, he has submitted that he was
Patna High Court CWJC No.2553 of 2022 dt.07-01-2026
3/6
provided additional charge of Block Development Officer at
Rahui Block, District- Nalanda for a short period of about three
months w.e.f 09.10.2004 to 12.01.2005. Senior counsel further
submits that it is a categorical stand of the petitioner that he has
never sanctioned Indira Awas to anyone in his short span of
period as In-charge B.D.O, rather, the allotments were made by
the then B.D.O who had sanctioned and already issued the first
installment to the beneficiaries of their respective Indira Awas
and in sanctioning of the Indira Awas, there is no role of the
petitioner at all, in which allegation has been made that he has
enlisted non BPL members. Senior counsel submits that in-spite
of the categorical show cause, minor punishment has been
imposed considering the charge other than alleged in the charge
memo. He submits that imposing punishment in such a way is
basically gross violation of Rule 19 of the Bihar Government
Servants (Classification, Control & Appeal) Rules, 2005
(hereinafter referred to as ‘Bihar CCA Rules, 2005’).
4. Learned Senior counsel for the petitioner further
submits that though, the punishment is minor in nature, but the
career of the petitioner has adversely effected as due to the said
illegal punishment order, and the petitioner failed to get
opportunity of promotion during the said period. Senior counsel
Patna High Court CWJC No.2553 of 2022 dt.07-01-2026
4/6
submits that the petitioner being a Gazetted Officer has
challenged the said punishment order before the Reviewing
Authority also, but his review was also dismissed/rejected and
none of the points were considered. Senior counsel submits that
imposing punishment in such manner violates the norms
mentioned in Rule 19 of the Bihar CCA Rules, 2005 and the
same is absolutely illegal and need immediate interference of
this Hon’ble Court.
5. Learned counsel for the State on the other hand
submits that the punishment is minor in nature. He submits that
Rule 19 of the Bihar CCA Rules, 2005 is very categorical that
for the purpose of imposing minor punishment, there is no need
of compliance of departmental proceeding as like that of major
penalty. There is a specific allegation that due to in action on the
part of the petitioner, loss to the Government Exchequer at the
tune of Rs. 3,86,100/- (Rupees Three Lakhs Eighty Six
Thousand One Hundred) took place. Counsel submits that
though, the allegation made in the memo of charge and the
allegation made in the punishment order may appears to be
different, but ultimately, it is due to petitioner’s in action, the
Government suffered a loss of Rs. 3,86,100/- (Rupees Three
Lakhs Eighty Six Thousand One Hundred) and it is due to this
Patna High Court CWJC No.2553 of 2022 dt.07-01-2026
5/6
reason, the High Officials/Disciplinary Authority and the
Reviewing Authority have passed order considering the case of
the petitioner and a proportionate punishment has been imposed
upon him. Counsel submits that there should be no interference
in the orders passed by the Disciplinary Authority and the
Reviewing Authority and this writ petition is fit to be dismissed.
6. Upon perusal of the memo of charge, it is alleged
that the petitioner has sanctioned Indira Awas to non BPL
category families due to which the competent beneficiaries were
debarred from getting benefit of BPL and government suffered
pecuniary loss. From the punishment order, the Disciplinary
Authority accepts that the said sanction of Indira Awas has not
been made by the petitioner, rather, the sanctions were made by
the earlier B.D.O and out of 16 beneficiaries, second installment
was issued only to 7 beneficiaries by the petitioner.
7. It also transpires to this Court that the charge
memo contains different charge, whereas, the punishment order
indicates different allegations. As such, the law of the land i.e.
Bihar CCA Rules, 2005 is very much clear and categorical that a
person can be punished only on the basis of the charge alleged
against him. And in the punishment order, the charge alleged in
the memo are different from the finding of punishment order. It
Patna High Court CWJC No.2553 of 2022 dt.07-01-2026
6/6
is due to this reason, this Court finds that there is merit in the
present writ petition and the order of punishment and review
order are set aside. This Court also finds that sanction of Indira
Awas has not made by the petitioner, and as such, the charge
alleged is also not sustainable in the eye of law.
8. Hence, the memo of charge as contained in
Letter No. 181002 dated 20.03.2014 and Letter No. 14193 dated
15.10.2014 (annexed as Annexure-1), the punishment order as
contained in Memo No. 9507 dated 26.08.2021 (annexed as
Annexure-4) and the review order as contained in Memo No.
13706 dated 22.11.2021 (annexed as Annexure-6), all are hereby
quashed. The monetary loss which has been caused to the
petitioner is hereby directed to be calculated and be paid within
three months from the date of production of a copy of this order.
9. Accordingly, with the aforesaid direction, this
writ petition stands allowed.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 12/01/2026
Transmission Date NA
Checking your session…