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Patna High Court

Manoj Kumar Sudhanshu, Dy. S.P., Batch- 45thversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The impugned order is unsustainable as it combines major and minor punishments; the major punishment of withholding five increments is sustained, while the minor punishment of prohibition on promotion for five years is quashed.

Summary

The petitioner, a Deputy Superintendent of Police, was disciplined for allegedly mishandling a supplementary investigation and issuing a No‑Objection Certificate that led to the de‑freezing of Rs 50 lakhs belonging to accused persons. He was charged, suspended and, after an inquiry, punished with withholding of five increments (a major penalty) and a five‑year prohibition on promotion (a minor penalty). The petitioner challenged the punishment, the inquiry report, multiple charge memos and the procedural fairness of the disciplinary process. The High Court examined the Supreme Court’s ruling in Union of India v. S.C. Parashar, which holds that major and minor penalties cannot be imposed together in a single order. Finding the impugned order to combine both penalties without justification, the Court upheld the major penalty but quashed the prohibition on promotion. Consequently, the writ petition was allowed in part, modifying the punishment.

Issues considered

  • Whether a disciplinary authority can impose both major and minor punishments simultaneously in one order under the Bihar CCA Rules/CCS Rules.
  • Whether the disciplinary proceedings complied with the principles of natural justice, particularly concerning the issuance of two charge memos and alteration of the witness list.
  • Whether the punishment order was passed after applying mind to the petitioner’s defence.
  • Whether the minor punishment of prohibition on promotion should be set aside.

Subjects

  • disciplinary proceedings
  • major penalty
  • minor penalty
  • simultaneous punishment
  • natural justice
  • memo of charge
  • promotion prohibition
  • increment withholding
  • Bihar Police Service
  • Supreme Court precedent

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4443 of 2023
     ======================================================
     Manoj Kumar Sudhanshu, Dy. S.P., Batch- 45th Son of Late Ramayan Ram
     Permanent resident of Village- Rampur Kothi, Post- Bhawanpur Hatt, Police
     Station- Bhawanpur Hatt, District- Siwan, 841408, At present Deputy
     Superintendent of Police, under control of The Director General of Police,
     Bihar, Sardar Patel Bhawan, Bailey Road, Patna, Bihar.
                                                               ... ... Petitioners
                                       Versus

1.   The State of Bihar through the Additional Chief Secretary, Department of
     Home, Government of Bihar, Sardar Patel Bhawan, Bailey Road, Patna,
     Bihar.
2.   The Additional Chief Secretary, Department of Home, Government of Bihar,
     Sardar Patel Bhawan, Bailey Road, Patna, Bihar.
3.   The Principal Secretary, Department of Home, Government of Bihar, Sardar
     Patel Bhawan, Bailey Road, Patna, Bihar.
4.   The Director General of Police, Sardar Patel Bhawan, Bailey Road, Patna,
     Bihar.
5.   The Additional Director General of Police Headquater, Sardar Patel Bhawan,
     Bailey Road, Patna, Bihar.
6.   The Additional Director General of Police (Legal Affairs), Sardar Patel
     Bhawan, Bailey Road, Patna, Bihar.
7.   The Inspector General of Police (Headquarter), Office of the Director
     General of Police, Sardar Patel Bhawan, Bailey Road, Patna, Bihar.
8.   The Inspector General of Police, Bhagalpur.
9.   The Senior Superintendent of Police, Bhagalpur.
10. The Conducting Officer cum Inquiring Officer, namely Mr. Vinay Kumar
    (IPS) presently Inspector General of Police, I.G. (HQ).
11. The Presenting Officer namely Mr. Sunil Kumar, Dy. S.P., Bhagalpur
    (Headquarter), Bhagalpur.
12. The then, Deputy Inspector General of Police, namely Mr. Vikas Vaibhav
    (IPS), Bhagalpur.
13. The Nodal Officer (Bihar), HDFC Bank Ltd, Jardine House, 4 Clive Row,
    Kolkata- 700001.

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner
                           :      Mr. Y.V. Giri, Sr. Advocate
                                  Mr. Rohit Kumar, Advocate
                                  Mr. Manish Kumar No. 13, Advocate
                                  Ms. Priti Kumari, Advocate
     For the Respondents   :      Mr. P.K. Verma, AAG-3
                                  Ms. Suman Kumar Jha, A.C. to AAG-3
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       ======================================================
       CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                            CAV JUDGMENT
                                     Date : 13-01-2026

                         Heard the learned counsel for the petitioner and the

         learned counsel for the respondents.

                         2.      This application has been filed challenging

         the punishment order dated 22.12.2022, by which the petitioner

         has been visited with the punishment of withholding of five

         increments with cumulative effect and prohibition on promotion

         for five years from the due date of promotion. The petitioner has

         also challenged the inquiry report dated 02.05.2022, by which

         petitioner has been found guilty in the departmental proceeding

         as well as the memo of charge dated 28.08.2019. The petitioner

         has further challenged another purported charge memo dated

         01.08.2019. The petitioner has also challenged the preliminary

         inquiry report dated 26.02.2019 and the letter dated 05.08.2019,

         by which additional relevant documents were recommended to

         be added in the memo of charge.

                         3.      By way of filing an interlocutory application

         no.1 of 2025, the petitioner has also challenged the order dated

         18.04.2023, by which the review petition filed by the petitioner

         challenging the punishment order was rejected. The aforesaid

         interlocutory application was allowed by a coordinate Bench of
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         this Court vide order dated 05.05.2025.

                         4.      The brief facts, relevant for the present

         petition, are that petitioner joined the Bihar Police Service as

         Dy.S.P. after qualifying the 45th BPSC combined competitive

         examination and was posted as Sub-Division Police Officer,

         Kahalgaon, Bhagalpur wherein he was entrusted with the

         supplementary investigation of Kahalgaon P.S. Case No.337 of

         2018. For the present purpose, suffice it is to state that in the

         aforesaid criminal case the allegation of overloading and illegal

         mining were levelled against the accused persons therein and

         during a raid conducted, several bank account passbooks, cash

         and other articles were seized. The petitioner while conducting

         the supplementary investigation submitted a “No Objection

         Certificate” to the concerned trial court for de-freezing the bank

         accounts of the accused person of Kahalgaon P.S. Case No. 337

         of 2018. On the strength of such NOC, the accounts of the

         accused persons were de-freezed.

                         5.      The thrust of the allegation is that the

         petitioner failed to take appropriate steps to confiscate the

         illegal amount and on the other hand issued an NOC, which led

         to the release of the aforesaid funds. On the allegation of such

         irregularities, dereliction of duty and suspicious conduct, a
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         disciplinary proceeding was initiated against the petitioner. On

         26.02.2019, a preliminary enquiry was conducted by the DIG,

         Bhagalpur wherein the petitioner was found to have conducted

         the supplementary investigation irregularly. Thereafter, the

         Inspector General of Police (Headquarters) vide his letter dated

         27.02.2019 recommended for the suspension of the petitioner.

         According to the respondents, the Department of Home,

         Government of Bihar, sought draft memo of charge against the

         petitioner from the Director General of Police, Bihar vide its

         letter dated 06.06.2019. On 01.07.2019, the DIG, Bhagalpur

         sent his recommendation to the I.G., Headquarters for initiating

         a disciplinary proceedings against the petitioner. According to

         the respondents, on 01.08.2019, the draft memo of charges was

         sent to the Department of Home, Government of Bihar. In the

         meanwhile, the I.G., Headquarters sent certain additional

         relevant documents on 05.08.2019 for incorporating the same in

         the aforesaid draft memo of charge.

                         6.      On 28.08.2019, a show cause notice along

         with memo of charge, list of witnesses and documents were

         served upon the petitioner. Responding thereto, the petitioner

         submitted his statement of defence on 09.09.2019. Finding the

         statement of defence to be unsatisfactory, the petitioner was
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         suspended in contemplation of disciplinary proceeding vide

         order dated 18.09.2019 and thereafter, the disciplinary

         proceeding was initiated against him. On 20.01.2020, the

         petitioner filed his detailed representation.

                         7.      In the impugned inquiry report dated

         02.05.2022, petitioner was found guilty against charge nos.1 and

         2 whereas in charge no.3, the petitioner was found partially

         guilty. Considering the inquiry report, a show cause notice was

         issued to the petitioner on 11.07.2022, to which the petitioner

         filed his reply. Being dissatisfied with the reply of the petitioner,

         the Department of Home, Government of Bihar, vide its letter

         dated 30.09.2022 sought advise from the Bihar Public Service

         Commission on the proposed punishment, to which the BPSC

         concurred vide its letter dated 23.11.2022. Finally, the impugned

         order of punishment dated 22.12.2022 was issued by the

         disciplinary authority whereby the punishment of withholding

         of five increments with cumulative effect along with prohibition

         on promotion for five years from the due date of promotion was

         imposed upon the petitioner. Against the order of punishment,

         the petitioner preferred a review, which came to be rejected vide

         impugned order dated 18.04.2023.

                         8.      Learned Senior Counsel for the petitioner
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         submits that the punishment of withholding of five increments

         with cumulative effect is classified as ‘major punishment’

         whereas, ‘prohibition on promotion for five years from due date’

         is a minor punishment under Rule-14 of the Bihar CCA Rules,

         2005. It is therefore, submitted that such punishment is

         unsustainable and is in teeth of the law laid down by the

         Hon’ble Supreme Court in the case of Union of India & Anr.

         vs. S.C. Parashar reported as (2006) 3 SCC 167 wherein the

         Hon’ble Supreme Court has held that both major and minor

         punishment cannot be imposed simultaneously upon the

         delinquent employee by the very same punishment order.

                         9.      Adverting to the impugned order dated

         22.12.2022, it has been argued by learned Senior Counsel for

         the petitioner that the aforesaid order suffers from non-

         application of mind and it has been passed in the most

         mechanical manner without considering the defence submitted

         by the petitioner and pertinently without assigning any cogent

         reason. Therefore, the impugned orders and the enquiry report

         are unsustainable and are liable to the quashed.

                         10.     Lastly, it has been submitted by learned

         Senior Counsel for the petitioner that in the present case, two

         charge memos were served to the petitioner without assigning
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         reasons warranting issuance of second memo of charge. It is

         categorically submitted that the first memo of charge dated

         01.08.2019 in which list of witnesses included only two

         witnesses, however, in the second memo of charge dated

         28.08.2019, the list of witnesses was increased to three.

         According to the learned Senior Counsel, this has caused serious

         prejudice to the petitioner.

                         11.     In this case, the respondents have filed their

         counter affidavits stating therein that only one memo of charge

         was issued to the petitioner as the first one was the draft memo

         of charge and after receiving the letter from the I.G.,

         Headquarters who had sent certain additional relevant

         documents on 05.08.2019 for incorporating the same in the draft

         memo of charge, the final memo of charge along with the list of

         witnesses and documents was served upon the petitioner. Lastly,

         the respondents have supported the impugned order of

         punishment and the order passed in review and have submitted

         that there is no illegality or infirmity in the impugned orders and

         therefore, this Court may not interfere with the same.

                         12.     I have considered the submissions of the

         parties and perused the materials on record.

                         13.     From the perusal of the records of the case, it
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         appears that the petitioner was entrusted with the supplementary

         investigation of Kahalgaon P.S. Case No.337 of 2018, which

         was registered against the accused persons therein on the

         allegation of overloading and illegal mining and during the raid,

         several bank account passbooks, cash and other articles were

         seized and the amount was frozen and the seized bank accounts

         were exhibited as evidence. The main allegation against the

         petitioner is of not conducting the aforesaid supplementary

         investigation properly and of submitting a “No Objection

         Certificate” to the concerned trial Court for de-freezing the bank

         accounts of the accused persons therein without obtaining prior

         permission/order from his superior officers and a copy of the

         same has also been sent by him to the Branch Manager of the

         concerned Bank. On the strength of the same, the bank accounts

         were de-freezed and more than Rs.50,00,000/- were released

         from the bank accounts of the accused persons. Thereafter, the

         show-cause notice along with the memo of charge, list of

         witnesses and documents were served upon the petitioner. Being

         dissatisfied with the reply of the petitioner, the petitioner was

         suspended in contemplation of disciplinary proceeding and the

         disciplinary proceeding was initiated against him. In the inquiry

         report dated 02.05.2022, petitioner was found guilty against
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         charge nos.1 and 2 whereas in charge no.3, the petitioner was

         found partially guilty. The disciplinary authority agreeing with

         the enquiry report has issued second show-cause notice to the

         petitioner, to which the petitioner replied. Being dissatisfied

         with the reply of the petitioner, the punishment order dated

         22.12.2022 was passed inflicting major and minor punishment

         i.e. withholding of five increments with cumulative effect and

         prohibition on promotion for five years from the due date of

         promotion. Against the order of punishment, the petitioner

         preferred a review petition unsuccessfully.

                         14.     This Court finds substance in the submission

         of learned Senior Counsel for the petitioner that both major and

         minor punishment cannot be packaged into one and imposed

         simultaneously by one order. It would be apposite to quote

         relevant paragraphs of the decision of the Hon’ble Supreme

         Court in the case of S.C. Parashar (supra), which read as

         under:

                                 “12. The penalty imposed upon the respondent
                                         is an amalgam of minor penalty and
                                         major penalty. The respondent has been
                                         inflicted    with    three   penalties:   (1)
                                         reduction    to     the   minimum    of   the
                                         timescale of pay for a period of three
                                         years with cumulative effect; (2) loss of
                                         seniority; and (3) recovery of 25% of the
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                                         loss incurred by the Government to the
                                         tune of Rs. 74,341.89. i.e. Rs 18,585.47
                                         on account of damage to the Gypsy in 18
                                         (eighteen) equal monthly installments.
                                         Whereas reduction of timescale of pay
                                         with cumulative effect is a major penalty
                                         within the meaning of clause (v) of Rule
                                         11 of the CCS Rules, loss of seniority and
                                         recovery of amount would come within
                                         the   purview      of     minor    penalty,   as
                                         envisaged by clauses (iii) and (iii)(a)
                                         thereof.     The    disciplinary      authority,
                                         therefore, in our opinion acted illegally
                                         and without jurisdiction in imposing
                                         both minor and major penalties by the
                                         same order. Such a course of action
                                         could not have been taken in law.
                                 13.     However, there cannot be any doubt
                                         whatsoever         that     the    disciplinary
                                         authority never intended to impose a
                                         minor penalty. The concession of the
                                         learned      counsel      appearing    for    the
                                         appellant before the High Court was
                                         apparently erroneous. It is now well
                                         settled that wrong concession made by a
                                         counsel before the court cannot bind the
                                         parties when statutory provisions clearly
                                         provide otherwise. (See Union of India v.
                                         Mohanlal Likumal Punjabi [(2004) 3
                                         SCC 628. The penalty imposed upon the
                                         respondent, in our considered view,
                                         therefore, should be kept confined to the
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                                         reduction      to   the       minimum       of    the
                                         timescale of pay for a period of three
                                         years with cumulative effect. The effect of
                                         such a penalty has been considered by
                                         this Court in Shiv Kumar Sharma v.
                                         Haryana SEB [1988 Supp SCC 669 in
                                         the following terms: (SCC pp. 671-72,
                                         para 6)
                                         “6. We are unable to accept the above
                                                  contention.      The     penalty        was
                                                  imposed on 15.4.1968 and, as a
                                                  result of which, he was deprived of
                                                  the     monetary      benefit      of   one
                                                  increment for one year only. The
                                                  penalty by way of stoppage of one
                                                  increment      for     one    year      was
                                                  without any future effect. In other
                                                  words, the appellant's increment
                                                  for one year was stopped and such
                                                  stoppage of increment will have
                                                  no    effect     whatsoever        on    his
                                                  seniority. Accordingly, the Board
                                                  acted      illegally         and        most
                                                  arbitrarily in placing the juniors
                                                  of the appellant above him in the
                                                  seniority list and/or confirming
                                                  the appellant in the post with
                                                  effect from 1.12.1969, that is, long
                                                  after the date of confirmation of
                                                  the said Respondents 2 to 19. The
                                                  question of seniority has nothing
                                                  to do with the penalty that was
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                                                  imposed upon the appellant. It is
                                                  apparent that for the same act of
                                                  misconduct, the appellant has
                                                  been punished twice, that is, first,
                                                  by the stoppage of one increment
                                                  for one year and, second, by
                                                  placing him below his juniors in
                                                  the seniority list.
                                 14.     The ratio of the said decision is
                                         applicable to the facts of the present case
                                         also.” (emphasis supplied).

                         15.     In the present case also, the disciplinary

         authority vide impugned order has imposed both major and

         minor penalties together, which is impressible and unsustainable

         in view of the afore-quoted judgment. Even, a perusal of the

         concurrence given by the Bihar Public Service Commission on

         the proposed          punishment, it         appears that though the

         Commission has mentioned about the major and minor

         punishment but has not given any reason for concurring with the

         proposed punishment which is an amalgamation of both major

         and minor punishment.

                         16.     In view of the above, this Court has no

         option but to hold that the impugned order of punishment is not

         sustainable. Accordingly, the impugned order of punishment

         dated 22.12.2022, is modified to the extent that the major

         punishment i.e. withholding of five increments with cumulative
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                      effect shall be sustained in view of the gravity of charge against

                      the petitioner and the minor punishment i.e. prohibition on

                      promotion for five years from the due date is hereby quashed

                      and set aside.

                                      17.     With      the    aforesaid    observations   and

                      directions, this writ petition is allowed to the above extent.



                                                                   (Sandeep Kumar, J)



pawan/-
AFR/NAFR                N.A.F.R.
CAV DATE                13.10.2025
Uploading Date          13.01.2026
Transmission Date


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