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Patna High Court

Yogendra PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that recovery of the illegally received salary is justified, but the stoppage of two increments under the CCA Rules, 2005 cannot be imposed on a retired employee, and the Nawal Kishore Singh precedent does not apply.

Summary

Yogendra Prasad, a retired statistician, was alleged to have altered his date of birth from 1961 to 1964, thereby drawing salary for three extra years. A departmental proceeding under Rule 43(b) of the Bihar Pension Rules was initiated, resulting in an order that stopped two salary increments and directed recovery of the excess salary with interest. The petitioner challenged the order, claiming lack of jurisdiction and violation of the CCA Rules, 2005, and relied on the Nawal Kishore Singh case. The State argued that the petitioner committed fraud and that the order was proper. The High Court held that the allegation of forgery was substantiated, recovery of the illegally received money was justified, but the penalty of stopping increments under the CCA Rules could not be imposed on a retired employee, and the Nawal Kishore Singh precedent was inapplicable. Consequently, the court expunged the increment‑stoppage portion of the order, affirmed the recovery direction, and disposed of the writ petition.

Issues considered

  • When can a departmental proceeding under Rule 43(b) of the Bihar Pension Rules be applied to a retired employee?
  • Whether a penalty of stoppage of salary increments under the CCA Rules, 2005 is permissible against a retired employee.
  • Whether the precedent set in Nawal Kishore Singh v. State of Bihar is applicable to the present facts.
  • Whether the recovery of salary received through alleged forgery is within the jurisdiction of the department.

Legislation cited

Subjects

  • departmental inquiry
  • pension rules
  • forgery
  • date of birth fraud
  • salary recovery
  • CCA Rules
  • retirement
  • jurisdiction
  • increment stoppage
  • punishment

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.304 of 2025
     ======================================================
     Yogendra Prasad son of Late Phulena Sah, Resident of Mohalla- Purani
     Chowk, Ward No. 20, Sri Krishna Nagar, P.O. and P.S.- Gopalganj, District-
     Gopalganj.

                                                                       ... ... Petitioner/s
                                               Versus

1.   The State of Bihar through Health Commissioner-cum-Principal Secretary,
     Government of Bihar, Patna.
2.   The Director-in-Chief, Department of Health, Government of Bihar, Patna.
3.   The Civil Surgeon-cum-Chief Medical Officer, Gopalganj, District-
     Gopalganj.
4.   The Additional Chief Medical Officer cum Inquiry Officer, Gopalganj,
     District- Gopalganj.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s      :           Mr.Rajesh Ranjan, Advocate
                                           Md. Farooq, Advocate
                                           Mr. Shubham Kumar, Advocate
                                           Mr. Shakti Suman Kumar, Advocate
     For the Respondent/s      :           Mr. Narendra Kumar Singh, AC to GP-22
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 15-04-2026


                            Heard learned Counsel for the petitioner and

      learned Counsel for the State.

                            2. The present writ petition has been filed with

      the following reliefs:

                                                      “i.   For   issuance     of    an
                                   appropriate Writ/Writs direction/directions
                                   in the nature of certiorari, for quashing the
                                   order      dated     18/10/2024,      issued       by
                                   Respondent no.03, vide his office order
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                                 bearing memo no. 2321 whereby penalty of
                                 stoppage of two increments with cumulative
                                 effect from 09/03/2019 was imposed upon
                                 the petitioner under Rule 43(b) of the Bihar
                                 Pension Rules and he was directed to
                                 deposit all illegal withdrawals with interest
                                 within 15 days.
                                                     ii.   Any   other   writ/writs,
                                 order/orders or direction/directions as the
                                 facts and circumstances of the case may
                                 require and deemed fit by this Hon'ble Court
                                 may also be issued.”
                            3. Learned Counsel for the petitioner submits

         that the order, which is impugned dated 18.10.2024, is

         absolutely a non-jurisdictional order as this order cannot be

         passed in a proceeding under Rule 43(b) of the Bihar Pension

         Rules, 1950.        Counsel further submits that the petitioner is

         innocent and has committed no wrong as alleged in the order.

         He submits that the departmental proceeding has been

         conducted absolutely in gross violation of the established Rule.

         There is violation of Rules 17(3) and 17(4) of the Bihar

         Government Servants (Classification, Control & Appeal) Rules,

         2005 (hereinafter referred to as the ‘CCA Rules, 2005’).

         Subsequently, violation of Rules 17(14), Rule 18(2) and 18(3) of

         the CCA Rules, 2005. Counsel submits that upon appearance of
Patna High Court CWJC No.304 of 2025 dt.15-04-2026
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         the petitioner in the departmental proceeding neither inquiry

         report has been submitted nor second show-cause has been

         demanded and final order has been passed. Learned Counsel

         further submits that the nature of the order which has been

         passed cannot be passed in a proceeding under 43(b) of the

         Bihar Pension Rules, 1950. In support of his argument, he relied

         on the judgment passed by a coordinate Bench of this Court in

         the case of Nawal Kishore Singh Vs. the State of Bihar and

         Others (CWJC No.226 of 2015) dated 09.08.2016, where the

         law has been laid down that no punishment order can be

         imposed with retrospective effect nor any punishment as

         envisaged under the CCA Rules, 2005 can be imposed on a

         retired employee. Counsel submits that the Hon’ble Full Bench

         has already decided that even though a proceeding initiated in

         service period can be continued post retirement, but the nature

         of punishment is different and no penalties as envisaged under

         the CCA Rules, 2005 can be imposed. Counsel submits that here

         in the present case, penalty has been imposed which is not

         permissible and, hence, on the point of law and the law decided

         by this Hon’ble Court, the petitioner is entitled for all the reliefs

         which have been mentioned hereinabove.

                            4. Learned Counsel for the State, on the other
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         hand, submits that the case of the petitioner is of different

         nature. He submits that the petitioner has committed fraud and

         by committing manipulation in the date of birth he had extended

         the date from 28.01.1961 to 28.01.1964 and it is due to this

         reason he has worked excessively, i.e., for about three years.

         Counsel submits that show-cause has been issued and he was

         directed to appear before the authority, but instead of

         appearance he had taken leave and never appeared. Paper

         publication has also been made and when department started

         proceeding against him even after retirement, then only he

         appeared. Learned Counsel further submits that from perusal of

         the order, it becomes crystal clear that only the excessive

         payment which he has received due to forgery committed by

         him has been demanded to be returned back otherwise

         proceeding has been dropped. Learned Counsel further submits

         that the judgment on which the petitioner is relying, i.e., Nawal

         Kishore Singh (supra), is not applicable in the case of the

         petitioner due to the reason that factual matrix of this case is

         different from the case on which the petitioner is relying.

         Counsel submits that in the earlier case, he was subjected to

         departmental proceeding not on the ground of forgery.

                            5. Upon hearing the parties and upon perusal of
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         the record, it transpires to this Court that the petitioner was

         working on the post of Statistician in the office of the District

         Family Welfare Bureau, Gopalganj, and from the said office he

         attained the age of superannuation on 31.01.2024, considering

         his date of birth as 28.01.1964. The basic allegation against him

         is that he made interpolation in his records and, instead of his

         actual date of birth being 28.01.1961, he altered it to

         28.01.1964. When this matter came to light, the officials issued

         a show-cause notice to him.

                            6. From the order sheet as well as the pleadings,

         it further transpires that a suspension letter was issued to him

         and Prapatra ‘Ka’ was also served; however, the petitioner

         proceeded on leave until his retirement. A Conducting Officer

         was appointed in the departmental proceeding, and a show-

         cause notice was sent to him through registered post on

         29.01.2022, but the same was returned with the remark that the

         petitioner was not at home and had refused to accept it.

         Subsequently, the Vigilance Office of the Bihar School

         Examination Committee, Patna, upon request, sent a report vide

         Letter No. 960 dated 20.02.2024 regarding his date of birth,

         wherein it was confirmed that the petitioner’s actual date of

         birth is 28.01.1961. Thereafter, the Additional Chief Medical
Patna High Court CWJC No.304 of 2025 dt.15-04-2026
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         Officer, Gopalganj, directed that the petitioner be restrained

         from drawing his salary and that his retiral benefits also be

         withheld. Since the petitioner had already retired, the

         departmental proceeding was converted into one under Rule

         43(b) of the Bihar Pension Rules vide Memo No. 1538 dated

         12.07.2024 issued by the Civil Surgeon-cum-Chief Medical

         Officer, Gopalganj. A show-cause notice was thereafter issued,

         and subsequently, an order was passed. The impugned order,

         which is annexed as Annexure-P/16, reads as follows:

                                                     “Jh   ;ksxsUæ    çlkn]   rRdkyhu
                                 lka[;krk] vij eq[; fpfdRlk inkf/kdkjh dk;kZy;
                                 xksikyxat ds çkIr vekU; nLrkostksa ds vk/kkj ij cpko
                                 cukdj vius lsokeqä esa vafdr tUe frfFk esa
                                 NsM+NkM+ ,oa /kks[kk/kM+h dj djhc 03 o"kZ rd vukf/kd`r
                                 :i ls dk;Z dj osru fudklh dk vkjksi gSA budk ;g
                                 —R; ljdkjh lsod ds vkpj.k ds fo:) gSA mijksä ds
                                 vkyksd esa v|ksgLrk{kjh dk;kZy; ds Kkikad 240 fnukad
                                 23-01-2024 }kjk bUgsa lsok dky ¼QthZ½ esa fuyafcr fd;k
                                 x;k FkkA ckj ckj fucaf/kr Mkd }kjk buds foHkkxh;
                                 tk¡p ds fy, cqykus ij t‚p inkf/kdkjh ds le{k
                                 mifLFkr ugha gq,A iqu% v|ksgLrk{kjh }kjk vius Kkikad
                                 1538 fnukad 12-07- 2024 }kjk lsok lafgrk 43 ¼[k½
                                 ds }kjk foHkkxh; dk;Zokgh 'kq: dh xbZA çsl foKfIr ds
                                 }kjk lwpuk nsus ij fnukad 16-08-2024 dks t‚p dfeVh
                                 ds le{k mifLFkr gq,A dfeVh }kjk vius Kkikad 128
                                 fnukad 28-09-2024 dks fn;s x;s vius çfrosnu esa bu
                                 ij yxs lHkh vkjksiksa dh iqf"V dh xbZ gSA
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                                                     mijksä of.kZr ifjfLFkfr esa buds
                                 }kjk fn;s x;s tUe frfFk ds lq/kkj ds vkosnu dh frfFk
                                 fnukad 09-03-2019 ls nks osru o`f) ij lap;kRed :i
                                 ls jksd yxkrs gq, lHkh voS/k fudklh dks C;kt
                                 lfgr ,d eqLr 15 fnuksa ds vUnj tek djus dk vkns'k
                                 nsrs gq, foHkkxh; dk;Zokgh lekIr dh tkrh gSA lsokUr
                                 ykHk Hkqxrku dk fu.kZ; ekuuh; mPp U;k;ky; esa py
                                 jgs okn ds QykQy ds ckn fu.kZ; fy;k tk,xkA
                            7. From perusal of the impugned order, it

         transpires that the allegation of forgery and interpolation in the

         date of birth has been alleged to be made against him due to

         which he has taken salary and continued in his service for three

         years more for which he was not entitled lawfully. This Court is

         of the view that when allegation of forgery and fraud in the date

         of birth has been alleged is 28.01.1961, this Court on perusal of

         the order impugned finds that it is true that no such punishment

         is prescribed under CCA Rules, 2005 as punishment. But from

         the order it transpires that only recovery of that money, which

         he has illegally taken either as salary or by way of promotion,

         has been directed to be deducted but proceeding has been

         dropped.

                            8. It is also made clear that the increment of

         salary with two cumulative effect has also been directed to be

         stopped with interest. This Court upon perusal of the order

         impugned,       deems it fit that the excessive money has been
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                      directed to be taken by committing fraud. So far as his

                      increment of salary with cumulative effect is concerned, this

                      Court hereby expunged this remark but affirmed the order for

                      recovery of the money during the excessive period in which he

                      has illegally earned by committing fraud by way of changing his

                      date of birth.

                                         9. So far as the judgment of Nawal Kishore

                      Singh (supra) is concerned, is not applicable in the opinion of

                      this Court due to the reason that the allegation of forgery and

                      interpolation in the date of birth is not the subject matter in the

                      case of Nawal Kishore Singh (supra).

                                         10.    With     the      aforesaid   observations   and

                      modifications, this writ petition stands disposed off.




                                                                          (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          18.04.2026
Transmission Date


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