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Patna High Court

Indrajeet KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that under Rule 18 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 the disciplinary authority must independently consider the enquiry officer’s report, and the use of a Technical Committee and the verbatim replication of its recommendations in the second show‑cause notice render both the notice and the subsequent punishment invalid.

Summary

The petitioner, a former Executive Engineer, challenged a 2021 order that withheld one annual increment, arguing that the disciplinary authority had relied on a Technical Committee’s recommendation rather than independently evaluating the enquiry officer’s report as required by Rule 18 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005. The Court noted that the earlier 2019 judgment had quashed a similar punishment for the same reason and had allowed the department to restart proceedings from the second show‑cause stage. The petitioner contended that the second show‑cause notice dated 30‑July‑2019 was a verbatim copy of the Technical Committee’s recommendation, indicating no independent mind was exercised. The respondents argued that the notice, though similar, was not identical and that the disciplinary authority had acted lawfully. After examining the documents, the Court found the notice and the subsequent punishment to be invalid, set aside the 2021 order, and allowed the writ petition.

Issues considered

  • Whether the constitution of a Technical Committee to assess the enquiry officer’s findings is permissible under Rule 18 of the Bihar CCA Rules, 2005.
  • Whether the disciplinary authority exercised an independent mind in issuing the second show‑cause notice dated 30‑July‑2019.
  • Whether the second show‑cause notice and the order of punishment dated 5‑August‑2021 are legally sustainable.
  • Whether the petitioner is entitled to relief by quashing the 2021 punishment order.

Legislation cited

Subjects

  • departmental disciplinary proceedings
  • Rule 18
  • Bihar CCA Rules
  • technical committee
  • show cause notice
  • increment withholding
  • independent mind
  • quashing order

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.407 of 2022
     ======================================================
     Indrajeet Kumar Son of Late R.N. Ram resident of Jai Mahabir Colony,
     Sandalpur, Road No. 5, Police Station Bahadurpur, District Patna.

                                                                     ... ... Petitioner/s
                                              Versus

1.   The State of Bihar through the Principal Secretary, Road Construction
     Department, Vishwesharaiya Bhawan, Bailey Road, Patna.
2.   The Joint Secretary, Road Construction Department, Vishwesharaiya
     Bhawan, Bailey Road, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :       Mr. Rupak Kumar, Advocate
     For the Respondent/s     :       Mr. Amit Prakash, GP-13
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

                              C.A.V. JUDGMENT

      Date : 22-06-2026

                   Heard learned counsel for the petitioner and learned

      counsel for the respondents.

                   2. The petitioner has filed the instant application for

      the following relief :-

                                          “1. That this writ application is filed
                        for issuance of writ in the nature of certiorari for
                        quashment of notification no.3883 (s) dated
                        05.08.2021 read with notification memo no.3884
                        (s) dated 06.08.2021 issued over the signature of
                        the       Joint      Secretary,   Road     Construction
                        Department, Bihar, Patna whereby punishment
                        of withholding of one increment with cumulative
                        effect has been inflicted upon the petitioner on
                        the basis of the recommendation of Technical
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                            Committee dated 11.07.2014 by the Disciplinary
                            authority without applying its independent mind
                            in differing with the findings of the enquiry
                            Officer.
                                                     A copy of notification
                                        dated 05.08.2021 is annexed herewith
                                        and marked as Annexure-P1 to this
                                        writ application.”
                      3. The case of the petitioner in brief is that on the

         charges relating to the period 2006-07 when the petitioner was

         posted as Executive Engineer, Road Division, Samastipur, the

         petitioner was proceeded against in a departmental proceeding

         which ended in an order of punishment being passed against

         him of withholding of two annual increments with cumulative

         effect. The said order of punishment dated 15.5.2015 was

         challenged by the petitioner in C.W.J.C. no. 803 of 2016.

                      4. By order dated 4.1.2019 passed in C.W.J.C. no.

         803 of 2016, taking into consideration that contrary to the

         provisions contained in Rule 18 of the Bihar Government

         Servants (Classification, Control and Appeal) Rules, 2005

         (‘CCA Rules’ in short) and that the consideration of the enquiry

         report was not done by the Disciplinary Authority but by a

         Technical Committee which was not contemplated as per Rule

         18 of the CCA Rules, the writ application was allowed by this

         Court quashing both the second show cause notice dated
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         9.12.2014 as also the consequential order of punishment dated

         15.5.2015. However, liberty was granted to the respondents to

         proceed against the petitioner from the stage of second show

         cause by the Disciplinary Authority in accordance with law.

                      5. It is submitted by learned counsel for the petitioner

         that pursuant to the leave granted by order dated 4.1.2019

         passed by this Court, the petitioner was served with a second

         show cause notice dated 30.7.2019 (Annexure-P/9) to which the

         petitioner replied. The respondents came out with the order

         dated 5.8.2021 under the signature of the Joint Secretary, Road

         Construction        Department,          Bihar,   Patna,   inflicting   the

         punishment of stoppage of one annual increment with

         cumulative effect. It is against this order that the petitioner has

         preferred the instant writ application.

                      6. Learned counsel for the petitioner submits that

         while allowing C.W.J.C. no. 803 of 2016 by its order dated

         4.1.2019, this Court had specifically observed that in accepting

         the report/recommendation of the Technical Committee, there

         was no independent disagreement of the Disciplinary Authority

         with the findings of the Enquiry Officer by assigning any

         independent reason on the basis of the evidence/material

         brought on record in the proceedings. It was in such
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         circumstances that the matter had been remanded back to the

         Disciplinary Authority to proceed from the stage of the second

         show cause. However, on remand, as would be evident from the

         contents of the second show cause notice dated 30.7.2019 and

         more particularly paragraph nos. (i), (ii), (iii) and (iv) thereof, it

         would transpire that the same are identical and verbatim copies

         of the recommendations of the Technical Committee (Annexure-

         P/3) which was the basis for setting aside the second show cause

         notice by this Court. It is thus submitted that once again, on the

         face of the record, there has been no independent application of

         mind by the Disciplinary Authority. As such the second show

         cause notice as also the subsequent order of punishment passed

         by the respondents cannot be sustained and both be set aside.

                      7. The application is opposed by learned counsel for

         the respondents. It is submitted that so far as the earlier order of

         punishment is concerned, though the same was set aside by

         order dated 4.1.2019 passed by this Court in C.W.J.C. no. 803 of

         2016, however liberty was granted to the respondents to proceed

         against the petitioner from the stage of the second show cause

         notice. It is submitted that in compliance thereof, a second show

         cause notice was issued to the petitioner on 30.7.2019 and after

         considering the reply filed by the petitioner that the order of
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         punishment has been passed against him. No procedural

         irregularity has been pointed out by the petitioner. So far as the

         contention of the petitioner with respect to the similarity in the

         recommendation of the Technical Committee and the contents

         of the second show cause notice dated 30.7.2019 is concerned,

         learned counsel for the respondents submits that facts being

         identical relating to the same event, the contents may be said to

         be similar but are not verbatim copies. The Disciplinary

         Authority applied his independent mind and has issued the

         second show cause notice in accordance with law. The petitioner

         has not made out a case for interference in the order of

         punishment by this Court. There is no merit in the writ

         application and the same be dismissed.

                      8. Heard learned counsel for the petitioner and

         learned counsel for the respondents.

                     9. Bereft of unnecessary details, it may be mentioned

         here that on an earlier occasion, an order of punishment

         contained in memo no.4235(s) dated 15.5.2015 was passed by

         the respondents against the petitioner withholding two annual

         increments with cumulative effect. The said order came to be

         challenged by the petitioner in CWJC no.803 of 2016. The writ

         application was allowed by order dated 4.1.2019 and both the
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         second show cause notice dated 9.12.2014 as well as the

         consequential order of punishment dated 15.5.2015 were set

         aside.

                     10. At this stage, it would be relevant to reproduce

         relevant portions of the order dated 4.1.2019 passed in CWJC

         no.803 of 2016 which would show the ground on which the said

         writ application was allowed. The same is quoted herein below:

                                   “16. As regards other submission advanced by
                      the petitioner’s counsel regarding validity of the
                      Technical Committee to appreciate the findings of the
                      Enquiry Officer, this Court would observe that no
                      response has been given by the State to the Court’s
                      specific query raised in the earlier order dated 16.1.2018.
                      The Bihar CCA Rules, 2005 provides the procedure for
                      conducting departmental proceedings. Nowhere does it
                      conceive of constitution of any Technical Committee to
                      appreciate the findings of the Enquiry Officer. As is
                      manifest from the file notings contained in Annexure 12,
                      even the departmental minister criticized the constitution
                      of Technical Committee to appreciate the findings of the
                      Enquiry Officer. That apart it is a trite law based on the
                      provisions contained in Rule 18 of the Bihar CCA Rules,
                      2005 that consideration of the Enquiry Officer has to be
                      done by the Disciplinary Authority and not by any
                      Technical Committee. Rule 18 of the Bihar CCA Rules,
                      2005 provides for action on the enquiry report.
                      Discretion to agree or disagree with the findings of the
                      Enquiry is with the Disciplinary Authority. But the
                      discretion as to be exercised in the manner prescribed
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                      under Rule 18 of the Bihar CCA Rules, 2005.
                      Constitution of Technical Committee as has been done in
                      the instant case is not contemplated in Rule 18 of the
                      Bihar CCA Rules, 2005. There is no independent
                      disagreement of the Disciplinary Authority with the
                      findings of the Enquiry Officer by assigning any
                      independent reason on basis of evidence/material brought
                      on record in the proceedings on preponderance of
                      probability. In the circumstances, the second show cause
                      notice dated 9.12.2014 issued by the Disciplinary
                      Authority communicating disagreement of the Technical
                      Committee is not sustainable as the same is apart from
                      being based on extraneous consideration, also contrary
                      to the procedure prescribed under Rule 18 of the Bihar
                      CCA Rules, 2005. That being so, this Court would quash
                      the second show cause notice dated 9.12.2014 as well as
                      consequential order of punishment dated 15.5.2015
                      arising out of and as a result of such illegal procedure.
                                   17. In view of quashing of the second show
                      cause dated 9.12.2014 and the order of punishment dated
                      15.5.2015 this Court would observe that the petitioner is
                      entitled to be reinstated in service forthwith along with
                      all consequential benefits.
                                   18. This order however will not preclude the
                      respondent authorities from proceeding against the
                      petitioner from the stage of second show cause by the
                      Disciplinary Authority, in accordance with law.
                                   19. The writ petition is allowed in the
                      aforesaid terms.”
                     11. On perusal of the above quoted portion of the

         order dated 4.1.2019, it would transpire that this Court had
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         taken note of the fact that after submission of the enquiry report,

         instead of the disciplinary authority considering the report of the

         enquiry officer, contrary to Rule 18 of the CCA Rules, a

         technical committee was constituted to appreciate the finding of

         the enquiry officer. This procedure being unknown to and in

         violation of the provisions contained in Rule 18 of the CCA

         Rules, the second show cause notice as also the order of

         punishment were both set aside and the writ application was

         allowed, however with liberty to the respondents to proceed

         against the petitioner from the stage of the second show cause

         notice by the disciplinary authority.

                     12. It is pursuant to the liberty granted in the order

         dated 4.1.2019 by this Court that the petitioner was again served

         with the second show cause notice dated 30.7.2019 by the

         disciplinary authority/Director, Road Construction Department,

         Government of Bihar asking the petitioner to file his reply to the

         same within 15 days.

                     13. It may be mentioned here that the notice dated

         30.7.2019 gives four grounds mentioned as (i), (ii), (iii) and (iv)

         on which the disciplinary authority differs with the report of the

         enquiry officer.

                     14. As submitted by learned counsel for the petitioner
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         as is also evident from the order dated 4.1.2019, a technical

         committee had been constituted which had looked into the

         findings/report of the enquiry officer. The said recommendation

         of the technical committee is available on record and more

         particularly contained in column no.5 of the report of the

         technical committee at Annexure P/3 to the writ application.

                     15. On perusal of the material on record, this Court

         finds that the contents of the second show cause notice dated

         30.7.2019 issued to the petitioner as contained in (i) to (iv)

         therein and the recommendation of the technical committee as

         contained in Annexure P/3 are identical and verbatim copy of

         each other. It was on this ground, that there is no provision for

         constitution of a technical committee to appreciate the contents

         of the enquiry officer and which had to be done independently

         by the disciplinary authority in view of the provisions contained

         in Rule 18 of the CCA Rules that the writ application (CWJC

         no.803 of 2016) had been allowed. The respondents have

         repeated the same error herein.

                     16. In view of the facts and circumstances of the case

         as stated herein above, neither the second show cause notice

         dated 30.7.2019 nor the order of punishment dated 5.8.2021

         (Annexure P/1) can be sustained.
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                                  17. The order of punishment contained in notification

                      no. 3883(s) Patna dated 5.8.2021 issued under the signature of

                      the Joint Secretary, Road Construction Department, Bihar Patna

                      is hereby set aside.

                                  18. The writ application is allowed.




                                                  (Partha Sarthy, J)
Saurabh/Saurav
AFR/NAFR                NAFR
CAV DATE                14.05.2026
Uploading Date          22.06.2026
Transmission Date       N/A


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