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Patna High Court

Shambhu PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The disciplinary authority acted within its powers, but the imposed punishment was exorbitant and not maintaining parity, thus it was reduced to a 10% pension deduction for one year.

Summary

Shambhu Prasad, a former Assistant Engineer, challenged a departmental order that deducted 20% of his pension for three years despite two inquiry reports finding him not guilty. He argued that the second show‑cause notice and the punishment violated natural justice, the Bihar CCA Rules, 2005, and the principle of parity, as similarly situated junior and executive engineers received only a 10% deduction for one year. The State contended that the disciplinary authority was within its power to differ from inquiry reports and that procedural requirements were met. The High Court held that the authority correctly recorded reasons for differing from the inquiry reports and considered the petitioner’s replies, but found the punishment excessive and not maintaining parity. Consequently, the court reduced the penalty to a 10% pension deduction for one year and disposed of the writ petition, noting that the applicability of Section 43B of the Bihar Pension Rules, 1950 was not raised for consideration.

Issues considered

  • The legality of issuing a second show‑cause notice and imposing punishment despite exonerating inquiry reports.
  • Whether the disciplinary authority complied with the Bihar CCA Rules, 2005 and principles of natural justice.
  • Whether the punishment of 20% pension deduction for three years is excessive and violates the parity principle.
  • The applicability of Section 43B of the Bihar Pension Rules, 1950 to the proceedings.

Legislation cited

Subjects

  • departmental proceedings
  • natural justice
  • parity
  • pension deduction
  • Bihar CCA Rules
  • disciplinary action
  • show-cause notice
  • excessive punishment

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.361 of 2025
     ======================================================
     Shambhu Prasad S/o Late Devi Lal, Resident of 3E Sakaar Palm Greens Apt,
     Mainpura Danapur Nizamat, Vaishali Gas Agency, Saguna More, P.O. and
     P.S.- Danapur, Patna, Bihar.
                                                               ... ... Petitioner/s
                                         Versus
1.    The State of Bihar through the Principal Secretary, Water Resources
      Department, Govt. of Bihar, Patna.
2.   The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna.
3.   The Engineer-In-Chief, Flood Control and Drainage, Water Resources
     Department, Government of Bihar, Patna.
4.   The Additional Secretary, Water Resources Department, Government of
     Bihar, Patna.
5.   The Deputy Secretary, Water Resources Department, Government of Bihar,
     Patna.
6.   The Joint Secretary, Management,           Water    Resources   Department,
     Government of Bihar, Patna.
7.   The Chief Engineer, Irrigation Creation, Water Resources Department,
     Darbhanga.
8.   The Chief Engineer, Flood Control and Water Drainage, Water Resources
     Department, Muzaffarpur.
9.   The Superintending Engineer, Design, Planning and Monitoring Circle,
     Darbhanga.
10. The Executive Engineer, Planning and Monitoring Division, Darbhanga.
11. The Accountant General Bihar, Birchand Patel Path, Patna.
12. The Treasury Officer, Patna.
13. The Secretary, Bihar Public Service Commission, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Alok Ranjan, Adv.
     For the Respondent/s   :      Mr.Government Pleader (18)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
      Date : 23-03-2026

                      Heard learned counsel for the petitioner and

      learned counsel for the State.

                      2. The present writ petition has been filed for
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         quashing the Notification No.2039 dated 25.10.2024 issued by

         the Deputy Secretary by which the punishment has been

         imposed against the petitioner for withholding of 20% of

         pension for three years. Further prayer has been made for

         quashing the letter No.2556 dated 08.11.2022 by which the

         second show-cause notice has been issued against the petitioner

         by which inspite of the fact that inquiry officer appointed by the

         Departmental Authorities, on the basis of material available on

         record, petitioner was not found guilty from the charges levelled

         against him. Third prayer has been made for quashing the show-

         cause notice (Prapatra- Ka) as contained in resolution No.1129

         dated 07.06.2019. Further prayer has been made to quash the

         entire departmental proceeding conducted against the petitioner

         on account of illegal order with direction to make payment of

         entire amount of pension along with statutory interest @ 18 %

         per annum along with any other consequential benefits for

         which the petitioner is entitled.

                         3. Learned counsel for the petitioner submits that

         in the year 2017, the petitioner was posted as Assistant

         Engineer, Bagmati, Sub-Division-3, Sheohar (Bagmati Right

         Bank 45.3 – 52.92 KM) and was given extra additional charge

         of Bagmati Sub-Division Piprahi (Bagmati Right Bank 15.240 –
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         32.705 KM), Bagmati Sub-Division No.1, Sheohar ( 32.705 –

         38.825 KM) and also extra additional incharge of Flood Control

         Cell during that period.

                         4. Counsel further submits that Prapatra-Ka has

         been issued against the petitioner vide letter No.2019 dated

         15.11.2017, in which certain charges were levelled against the

         petitioner. He further submits that soon after receiving the show-

         cause notice, the petitioner has filed his reply with all materials,

         but he was very surprised that after about one and half year, the

         department has issued another Resolution No.1129 dated

         07.06.2019 by which another Prapatra-Ka has been issued

         against the petitioner and they had decided to initiate

         departmental proceeding against the petitioner.

                         5. Counsel further submits that memo of charge

         was vague and some of the charges were substituted with pre-

         determined mind. He further submits that after six months of the

         proceeding, the department has appointed new Conducting

         Officer on 30.12.2019 who has submitted inquiry report on

         13.01.2020 and found not guilty and in this regard, submitted

         report vide letter No.53 dated 16.03.2020. He further submits

         that after about two years 8 months, another letter was issued on

         08.11.2022 by which the Disciplinary Authority was differing
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         from the report submitted by the Inquiry Officer directed to take

         steps for examination and cross-examination.

                         6. Counsel further submits that after second inquiry

         report, the petitioner was served second show-cause in which

         report of the second Inquiry Officer was submitted. He further

         submits that in the second show-cause dated 08.11.2022, the

         Disciplinary Authority has directed to file second show-cause

         differing from the second inquiry report dated 23.08.2022.

                         7. Counsel further submits that in compliance of

         the second show-cause, the petitioner has filed reply to the same

         on 01.12.2022 in which he has taken all the points, but

         thereafter, the Disciplinary Authority has passed final order

         contained in Notification No.2039 dated 25.10.2024 in which he

         has been imposed punishment of deduction of 20% of pension

         for 3 years as during the pendency of the departmental

         proceeding, the petitioner was retired.

                         8. Counsel further submits that the decision of

         issuance of second show-cause even after his exoneration from

         two inquiry reports, is absolutely bad in law. He further submits

         that the second show-cause dated 08.11.2022 is also bad in law

         due to the reason that the letter No.1281 dated 27.09.2017 does

         not contain anything, which has been alleged in the second
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         show-cause. He further submits that none of his points were

         considered in the final order and the Disciplinary Authority at

         the time of passing final order, has only stated that no new fact

         has been submitted, therefore, his second show-cause has been

         rejected and imposed punishment upon him. He further submits

         that it is a gross violation of natural justice as well as violation

         of the rule established under Bihar CCA Rules, 2005. He also

         submits that the issuance of show-cause differing from the

         inquiry report is also in violation of the rule laid down. He

         further submits that not only this rather for the same wrong, the

         Junior Engineer, Assistant Engineer and Executive Engineer all

         were subjected to the departmental proceeding. He further

         submits that in the departmental proceeding, the punishment

         imposed upon Junior Engineer and Executive Engineer was only

         10% deduction of pension for one year, but for the petitioner

         who was working as Assistant Engineer, imposed punishment of

         deduction of 20% of pension for 3 years, reasons best known to

         the Disciplinary Authority. He further submits that the parity has

         also not been maintained.

                         9. In support of his argument, counsel for the

         petitioner relied on judgment of this Hon’ble Court reported in

         the case of Ganesh Prasad Yadav Vs. The State of Bihar &
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         Ors. reported in 2026(2) PLJR 170 and submits that the

         disciplinary proceeding being quasi-judicial in nature, it is

         incumbent upon the disciplinary authority to record reasons and

         to indicate as to why the explanation or reply submitted by the

         delinquent officer has been rejected, as on this ground, this

         Hon’ble Court in the case of Ganesh Prasad Yadav (supra) has

         set aside the order passed by the authorities and ensure payment

         of admissible retiral dues to petitioner.

                         10. Counsel further relied in the case of Roop

         Singh Negi Vs. Punjab National Bank reported in 2009(2)

         SCC 570, in which it has been categorically held that mere

         production of documents without examination of witnesses

         would not be valid evidence.

                         11. Counsel for the petitioner further submits that

         here in the present case, there is no ingredients of Section 43B

         of the Bihar Pension Rule, 1950 as for the purpose of

         applicability of Section 43B of the Bihar Pension Rules, 1950,

         he has to show two ingredients.

                         12. Learned counsel for the State, on the other

         hand, submits that the entire departmental proceeding has been

         done completely in accordance with law and there is no

         violation of any norms established. He further submits that
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         under the Bihar CCA Rules, 2005, it is well-within the power of

         the Disciplinary Authority to remand the matter before the

         Inquiry Authority, if the Disciplinary Authority is dissatisfied

         from the inquiry report. Therefore, he submits that referring the

         matter before the inquiry authority for taking evidence,

         examination and cross-examination, is completely in accordance

         with law and there is no illegality in the same. He further

         submits that under the Bihar CCA Rules, 2005, it is well-within

         the power of the Disciplinary Authority that he may vary upon

         receiving of the report of the Inquiry Authority under Rule

         17(23) of the Bihar CCA Rules, 2005 and the only restriction

         casted upon him at the time of differing from the inquiry report,

         he has to assign the reason in the second show-cause.

                         13. Counsel further submits that in the second

         show-cause on which the petitioner submits that the show-cause

         is bad, is basically a Letter dated 08.11.2022. He further submits

         that in the said letter, the Disciplinary Authority has

         categorically mentioned that he is partially dissatisfied from the

         opinion of the Inquiry Officer and on the point of

         dissatisfaction,      he    has     referred   Letter   No.1281   dated

         27.09.2017. He also submits that the content of the letter has

         also been quoted in the show-cause. He further submits that the
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         said letter has already been served with the charge memo to the

         counsel for the petitioner. Therefore, he submits that once the

         letter has been placed before him, then in that case, onus is upon

         him to produce the said letter before the Court.

                         14. Counsel for the State further submits that from

         the order impugned i.e., the order of punishment, particularly

         Annexure-P/8 of the writ petition, whatever the points

         mentioned by the delinquent/petitioner has been taken into

         consideration and all those points were separately analyzed in

         the said order and only thereafter, the final order has been

         passed.

                         15. Counsel for the petitioner on this point submits

         that for the same wrong, the departmental proceeding has been

         initiated against the Junior Engineer, Assistant Engineer and

         Executive Engineer, but different punishment has been imposed

         upon them. The punishment for Junior Engineer and Executive

         Engineer was only 10% deduction of pension for one year, but

         for the Assistant Engineer (petitioner) who was imposed

         deduction of 20% of pension for 3 years. On this point, he kept

         mum at present because there is no response of the State in the

         counter-affidavit.

                         16. Upon hearing the parties, particularly, on the
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         point that there were two charge memos issued against the

         petitioner. This Court is of the opinion that under Bihar CCA

         Rules, 2005, there is no bar that more than one charge memo

         can be issued against any of the delinquent. This Court is also of

         the view that it is well-within the power of the disciplinary

         authority that if the Disciplinary Authority is dissatisfied with

         the inquiry report then, he can direct the Inquiry Authority to

         take further inquiry on the deficiency pointed out. It is also well-

         within the power of the Disciplinary Authority that he may

         remand back the matter before the same Inquiry Authority or

         another Inquiry Authority. But at the time of taking decision on

         the issuance of show-cause, the Disciplinary Authority upon

         receiving the report under Rule 17(23) of the Bihar CCA Rules,

         2005 has to record its reason if the Disciplinary Authority

         disagrees with the finding of the inquiry authority on any article

         of charge.

                         17. Upon perusal of the issuance of show-cause, it

         transpires to this Court that the Disciplinary Authority has

         assigned the show-cause, therefore, this Court is of the firm

         view that differing from the inquiry report by the Disciplinary

         Authority with the reasoning is well-within law. From the

         record, it also transpires that the delinquent has filed a detailed
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         reply of the second show-cause. From the order, it has

         categorically been mentioned in the final order that each and

         every point were firstly placed by the authority in the order

         sheet and thereafter, every point was meticulously examined by

         him and then only, order has been passed. Therefore, this Court

         is of the firm view that there is no question of non-consideration

         of the points mentioned in the second show-cause by the

         delinquent.

                         18. But so far as the parity at the time of imposing

         punishment is concerned, this Court totally agrees on the

         argument made by the counsel for the petitioner that for the

         same wrong, with same set of allegation, departmental

         proceeding has been initiated against all three Engineers, but in

         the punishment order, the Junior Engineer and the Executive

         Engineer were imposed punishment of only 10% deduction of

         pension for one year, but the petitioner (Assistant Engineer) was

         imposed punishment of deduction of 20% of pension for three

         years. This Court only on these points i.e., exorbitant

         punishment has been made and parity has not been maintained,

         hereby interfered and set aside the punishment part only and

         directs that such imposition of punishment is exorbitant and not

         maintaining the parity. Therefore, with a view to maintain parity,
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                      let the punishment of 20% deduction of pension for 3 years is

                      hereby reduced to deduction of 10% pension for one year only

                      and hence, the present writ petition is hereby disposed of.

                                      19. On the point of applicability of Section 43B of

                      the Bihar Pension Rules, 1950, it transpires to this Court that

                      decision for initiation of proceeding under Section 43B of the

                      Bihar Pension Rule, 1950, has not been challenged therefore,

                      this point is not available to the petitioner.

                                      20. With the aforesaid observations, the present

                      writ petition stands disposed off.




                                                             (Dr. Anshuman, J)
Prakashmani/-
AFR/NAFR                NAFR
CAV DATE                N/A
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