Patna High Court
Sheela DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court held that although the departmental proceedings complied with natural justice, the major punishment of cumulative stoppage of four increments was excessive and therefore should be modified to remove the cumulative effect.
Summary
The petitioner, a female warder, was ordered to escort a female prisoner to a medical centre where the accompanying home guard absented herself, leading to the prisoner's escape. She was subsequently suspended and subjected to departmental punishment of censure and stoppage of four increments with cumulative effect. The petitioner challenged the punishment, the denial of subsistence allowance during suspension, and the rejection of her service appeal, alleging violations of natural justice. The State argued that the proceedings were timely and complied with natural justice. The High Court found no procedural lapse but held that the major punishment was excessive, modifying it by removing the cumulative effect while leaving the censure and stoppage of increments intact, and disposed of the writ petition.
Issues considered
- Whether the departmental punishment imposed on the petitioner violated principles of natural justice.
- Whether the denial of subsistence allowance during suspension was unlawful.
- Whether the rejection of the service appeal was arbitrary and mechanical.
- Whether the court can modify an excessive punishment under writ jurisdiction.
Subjects
- departmental punishment
- natural justice
- service law
- writ jurisdiction
- excessive punishment
- Bihar Service Code
- government servant rules
- suspension benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2856 of 2022
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Sheela Devi Wife of Sri Suresh Maharaj Resident of Village- Chandanpura,
Police Station- Jamalpur in the district of Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Home, Government of Bihar, Patna.
3. The Inspector General (Prison), Government of Bihar, Patna.
4. The Deputy Inspector General (Admn.), Government of Bihar, Patna.
5. The Superintendent, Central Jail, Beur, Patna.
6. The Superintendent, District Jail, Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Respondent/s : Mr. Raju Patel (A.C. To A.G.)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 21-01-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ application has been filed for
issuance of an appropriate writ/writs, order/orders,
direction/directions for the following relief/s:-
“I. To quash the order contained in
Memo No. 1021 dated 13.2.2015
passed by the respondent no.4 by
which two punishment has been
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inflicted against the petitioner i.e. (i)
Censure and (ii) Punishment to
withheld Four increment with
cumulative effect in most illegal and
arbitrary manner.
II. Also to quash the order contained
in Memo No. 4550 dated 4.8.2015 by
which decision was taken that except
Subsistence allowance nothing will be
paid to the petitioner during her
suspension period which is in
complete violation of the Natural
Justice.
III. Also to quash the order contained
in Memo No. 4809 dated 17.8.2015
passed by the respondent no.2 by
which the appeal filed on behalf of
the petitioner, against the order of
punishment contained in Memo No.
1021 dated 13.2.2015 passed by
respondent no.4, has been rejected in
most mechanical and arbitrary
manner without considering the
material available on record and also
without considering the fact that the
Departmental Inquiry conducted by
the Conducting Officer is no enquiry
in the eye of law as it has been done
in complete violation of Natural
Justice and also without following the
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mandate of law.
IV. Also to direct the respondents to
give all services consequential benefit
to the petitioner.
V. Also for other relief/reliefs for
which the petitioner is found to be
entitled in the eye of law.”
3. Learned counsel for the petitioner submits that
the petitioner was posted as Warder in Kishanganj Jail and time
to time in the different jails. During the relevant period, she was
posted in the Central Jail, Beur, Patna. On 03.06.2014, one
female prisoner was sent to P.M.C.H with the petitioner as well
as one Home Guard as a security. Counsel submits that on
03.06.2014, the petitioner was on duty from 12 Noon to 6 P.M
and after 6 P.M., the petitioner was called from the Central Jail,
Beur and instructed her to go with the female prisoner for her
treatment in P.M.C.H. The petitioner requested that she has just
completed her duty so other female warder may be authorized to
take the prisoner to P.M.C.H., but she was pressurized and lastly
the petitioner having no option left but to take away the prisoner
for her treatment in P.M.C.H, Patna along with the Home Guard.
Counsel submits that on 03.06.2014 at about 7 P.M, the
petitioner with Home Guard proceeded to P.M.C.H along with
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the prisoner, but after check-up, the doctor declared her fit and
declined to admit the prisoner at about 10 P.M. In the meantime,
the said Home Guard all of a sudden disappeared from the
P.M.C.H and the petitioner having no option informed the Jail
Authorities about the said incident and requested the authorities
to send a vehicle so that she and the prisoner could return. But
the Jail Authorities instructed the petitioner to stay in the
P.M.C.H with the prisoner due to unavailability of the driver and
vehicle, with assurance that the vehicle will be sent in the
morning. So, the petitioner and the prisoner stayed near the
main gate of female ward. Thereafter, at about 3 A.M., the
prisoner requested for a natural call and the petitioner took her
near the toilet room and waited outside, but after 20 to 25
minutes when no response was made by the prisoner, then the
petitioner found that the said prisoner fled away. Thereafter, the
petitioner raised halla and also informed the Jail Authorities
about the whole incident. Subsequently, the said prisoner was
apprehended by the police and again sent to Beur Jail.
4. Learned counsel for the petitioner further
submits that thereafter, the petitioner was suspended and a
departmental proceeding was initiated against her. Counsel
submits that on the basis of charge alleged, there were two
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punishments imposed. First is minor and another is major
punishment. In the said departmental proceeding, the petitioner
has defended herself and explained all the things, but she found
guilty by the Enquiry Officer followed by the punishment by the
Disciplinary Authority of censure and stoppage of four
increments with cumulative effect. Counsel further submits that
the petitioner has preferred service appeal against the order of
punishment contained in Memo No.1021 dated 13.02.2015
(Annexure-1), but her service appeal was also rejected vide
Memo No.4809 dated 17.08.2015 (Annexure-3). Counsel
submits that there are certain facts which are very fatal for
deciding this case which is that the petitioner is a lady she has
admittedly served her duty and thereafter sent to P.M.C.H for
treatment of lady prisoner with only one home guard and that
home guard fled away in the night and the petitioner was
completely unaware that the said prisoner in the name of natural
call will fled away. The petitioner has also informed about every
incident to her superiors well within time. Counsel submits that
seeing the situation in entirety, the punishment imposed upon
her is excessive in nature. Counsel therefore submits that a
sympathetic view may be taken into consideration towards the
petitioner in this matter.
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5. Learned counsel for the State on the other hand
submits that the present writ application has been filed with
undue delay and there is no procedural lapse in the matter, and
that the departmental proceeding was conducted in accordance
with the principles of natural justice. He further submits that
there is no need for any interference by this Hon’ble Court in
this matter.
6. Upon hearing the parties, it transpires to this
Court that there is no procedural lapse in this matter as well as
there is no violation of principles of natural justice. However,
the Court is of the view that the major punishment imposed in
this situation is excessive in nature. Therefore, this Court only
modifies the punishment by removing the cumulative effect
deducting four increments and hereby modifies the punishment
as follows:-
“(a) Censure
(b) Stoppage of four increments without
cumulative effect.”
7. Accordingly, with the above modification, this
writ petition stands disposed off. The petitioner shall be at
liberty to move before the authority concerned by way of filing
fresh representation for consideration of her entitlement during
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the suspension period in accordance with Rule 97 of the Bihar
Service Code read with Rule 10 to 13 of the Bihar Government
Servants (Classification, Control & Appeal) Rules, 2005. All the
benefits after passing of the present order shall also be
considered.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 22/01/2026
Transmission Date NA
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