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Patna High Court

Nutan Kumar PrabhatversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The dismissal order and the confirming service appeal were set aside because the departmental enquiry violated Rule 17 of the Bihar Government Servants (CCA) Rules, 2005 and was not supported by any admissible evidence, breaching principles of natural justice.

Summary

The petitioner, a Revenue Karamchari, was suspended and later dismissed on allegations that he received Rs 2,00,000 from a complainant to influence two land‑record cases. The departmental charge memo was issued without a proper statement of imputation, list of documents or witnesses, violating Rule 17(3) and 17(4) of the Bihar Government Servants (CCA) Rules, 2005. The enquiry officer neither fixed a date for oral or documentary evidence nor examined any witnesses, and the enquiry report lacked any reasoned finding. The appellate authority affirmed the dismissal without considering the petitioner’s defence. The High Court held that the enquiry was procedurally defective, unsupported by evidence and contrary to principles of natural justice, and therefore set aside both the dismissal order and the service appeal order. Consequently, the petitioner is entitled to back‑pay, pension and other retirement benefits from the date of superannuation.

Issues considered

  • Whether the charge memo complied with the mandatory requirements of Rule 17(3) and 17(4) of the Bihar Government Servants (CCA) Rules, 2005.
  • Whether the petitioner was afforded a proper show‑cause notice and opportunity to be heard in accordance with natural justice.
  • Whether the departmental enquiry was conducted with proper evidence, including oral testimony and documentary proof, as required by Rule 17(14) and related provisions.
  • Whether the dismissal order is vitiated for lack of evidence and procedural defects.
  • Whether the appellate authority erred by not considering the petitioner’s defence.
  • Whether the petitioner is entitled to pension and other service benefits after superannuation.

Subjects

  • departmental enquiry
  • dismissal
  • procedural fairness
  • natural justice
  • Rule 17
  • Bihar Government Servants Rules
  • evidence
  • charge memo
  • pension
  • service appeal

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.4696 of 2023
     ======================================================
     Nutan Kumar Prabhat Son of Late Gauri Shankar Singh Resident of Village-
     Kunwarpur Pasrampur, P.S.-Pipra. District-East Champaran.

                                                              ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Additional Chief Secretary, Department of
     Revenue and Land Reforms Govt. of Bihar, Patna,
2.   The Commissioner Cum Appellate Authority, Tirhut Division, Muzaffarpur.
3.   The Distirct Magistrate/Collector, West Champaran, Bettiah.
4.   The Additional Collector, West Champaran, Bettiah.
5.   The Land Reforms Deputy Collector Cum the Presenting Officer, Bettiah,
     Sadar West Champaran.
6.   The Director Cum Inquiry Officer, Accounts Administration and Self-
     Employment District Rural Development Agency, West Champaran, Bettiah.
7.   The Circle Officer, Beriya Circle, West Champaran, Bettiah.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :      Mr. Anand Kumar Ojha, Sr. Advocate
                              :      Mr. Shashank Chandra, Advocate
                              :      Mr. Nitish Kumar, Advocate
     For the Respondent/s     :      Mr. Rishi Raj Sinha, SC-19
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
     ORAL JUDGMENT
      Date : 25-02-2026

                            Heard the parties.

                       2. The present writ petition has been filed for

      quashing the order dated 6.12.2018 contained in Memo No.189

      passed by the respondent no. 3 whereby he has dismissed the

      petitioner from the post of Revenue Karamchari, Circle-

      Bairiyah, West Champaran with effect from his date of

      suspension i.e. 29.04.2017 and the order passed in appeal dated

      17.01.2023 in Service Appeal No. 92 of 2022 issued by the
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         respondent no.2 whereby he has affirmed the order of dismissal

         dated 6.12.2018, by modifying the effect of the said order from

         the date of its issuance i.e. 06.12.2018 instead of 29.04.2017.

                         3. Learned senior counsel for the petitioner submits

         that on 10.01.1986 the petitioner was appointed as a Revenue

         Karamchari, Circle-Madhubani and thereafter was transferred to

         Yogapatti circle in 1991, from there he was transferred to

         different circles/anchals and finally again he was transferred to

         Bairiyah circle/anchal in the year, 2016. While the petitioner

         was discharging his duties as Revenue Karamchari, Nautan

         Anchal, a complaint was filed by one Binod Kumar Singhania

         before District Grievances Redressal Officer, West Champaran

         with an allegation that in order to settle two cases i.e. Jamabandi

         Cancellation Case No. 33 of 2015-16 and Jamabandi

         Cancellation Case No. 53 of 2015 pending in the court of

         DCLR, the petitioner is demanding some gratification from the

         complainant, on the pretest that he has already been paid Rs.

         2,00,000/- from the opposite party. In support of his complaint,

         Binod Kumar Singhania enclosed certain documents like bank

         statement of Om Prakash Singhania showing transfer of Rs.

         2,00,000/- in the accounts of the petitioner on 29.11.2016, death

         certificate of Om Prakash Singhania as well as a Sanha
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         instituted by Shanti Devi before the SHO Bettiah Town PS in

         which she had stated that cheque bearing No. 162295 has been

         misused.

                         4. Learned senior counsel for the petitioner submits

         that it is further case of the petitioner that the Public Grievance

         Redressal Officer, upon receipt of the aforesaid complaint, vide

         letter no. 174 dated 20.03.2017 called for a report from the

         District Magistrate, Bettiah, who directed the Additional

         Collector to enquire into the allegations. The Additional

         Collector vide Memo No. 813 dated 03.04.2017 issued notice to

         the petitioner, directing him to appear on 06.04.2017 and in

         compliance thereof, the petitioner appeared on the said date and

         tried to submit his written explanation, but the same was not

         accepted, therefore the petitioner sent a letter dated 13.04.2017

         to the District Magistrate, West Champaran at Bettiah wherein

         he specifically stated that the Additional Collector did not

         accept his written explanation and as such he has apprehension

         that he will not get justice before the said authority. In the said

         letter, the petitioner had explained in detail that he has personal

         relations with Om Prakash Singhania and on account of said

         relation earlier also some monetary transaction had taken place

         between them and since the wife of Om Prakash Singhania was
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         not well, for which he required some money for getting her

         treated, as such the petitioner arranged the said money from his

         friend Ajay Giri, who gave Rs. 200000/- as loan, which was

         subsequently given by the petitioner to Om Prakash Singhania

         and in order to refund the said amount, the said Om Prakash

         Singhania issued a bearer cheque No. 162295 dated 04.11.2016

         in favour of the petitioner. However, since there was vacations

         in lieu of Chhath Puja and also on account of demonetization,

         the petitioner deposited the said cheque in his bank account

         which was credited on 30.11.2016. Thereafter, the petitioner

         vide his cheque no.629368 returned the said amount of Rs.

         2,00,000/- to the wife of Ajay Giri and as such on 05.12.2016,

         the said amount was debited from the account of the petitioner.

         The petitioner also stated in the letter that the case between

         Binod Kumar Singhania and Om Prakash Singhania is related to

         Chanpatiya and Nautan circle office and the petitioner is posted

         in Bairiyah circle, therefore under no circumstance the

         petitioner could have influenced the decision of the said cases.

                         5. Learned senior counsel for the petitioner further

         submits that during enquiry, the Additional Collector, Bettiah

         found the petitioner guilty and vide letter no.825 dated

         07.04.2017, informed the District Magistrate, West Champaran
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         at Bettiah that the allegations against the petitioner of receiving

         Rs. 2,00,000/- from Om Prakash Singhania to get a favourable

         order in his favour has been duly proved and based on the said

         information, the petitioner was put under suspension vide order

         contained in memo No. 1063 dated 29.04.2017 issued under the

         signature of the District Magistrate, West Champaran at Bettiah,

         in contemplation of departmental enquiry and the headquarter of

         the petitioner was fixed in the office of the Circle Officer,

         Chanpatiya. A charge memo dated 02.08.2017 contained in

         Memo No. 2015 was issued wherein certain charges were

         levelled against the petitioner.

                         6. The learned senior counsel for the petitioner

         further submits that from perusal of the charge memo dated

         02.08.2017, it would manifest that the charge memo, apart from

         incorporating the charges merely records the documents based

         on which the department intends to prove the charges lavelled

         against the petitioner, however none of the documents were

         enclosed with the charge memo nor the charge memo contained

         any statement of imputation of misconduct as well as the list of

         documents and the witnesses to be relied upon by the

         department as mandated by Rule 17(4) of the Bihar Government

         Servants (CCA) Rules, 2005. He further contends that therefore
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         the charge memo which was issued in contravention of the

         aforesaid mandatory provision of the Rules, which perse renders

         the disciplinary proceeding bad, since its inception. The

         petitioner submitted his reply on 26.08.2017 wherein he denied

         all the charges levelled against him.

                         7. The learned senior counsel for the petitioner

         further submits that upon initiation of the departmental

         proceeding, the enquiry officer is required to fix a date for

         leading oral and documentary evidences on behalf of the

         disciplinary authority as contemplated in Rule 17(14) of the

         Bihar Government Servants (CCA) Rules, 2005, but no such

         date was ever fixed by the enquiry officer and nor any evidences

         were adduced on behalf of the department to prove the charges,

         however, without following the said procedure, the enquiry

         officer proceeded with the enquiry and sought a written opinion

         from the Land Reforms Deputy Collector-Cum-Presenting

         Officer, Bettiah, Sadar, West Champaran, who submitted the

         same by his letter no. 225 dated 01.09.2017. Subsequently, the

         enquiry officer directed the petitioner to submit his written

         statement of defence and in compliance thereof, the petitioner

         submitted his written statement of defence on 9.10.2017,

         reiterating his earlier written defence, which was submitted by
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         him on 26.08.2017, to the charge memo.

                         8. The learned senior counsel for the petitioner

         further submits that during entire departmental enquiry, no

         witnesses were examined to prove the charges and the

         Presenting Officer did not even tender the documentary

         evidence during the entire enquiry, but even then the Enquiry

         Officer submitted his enquiry report on 11.10.2017 whereby he

         found the charges to be proved against the petitioner. Second

         show cause notice was issued to the petitioner vide Memo No.

         568 dated 18.12.2017 issued under the signature of the ADM,

         District Establishment Section, East Champaran at Bettiah

         whereby the petitioner was directed to submit his reply within 7

         days and in compliance of the letter dated 18.12.2017, the

         petitioner submitted his reply on 22.12.2017. Apart from the

         defence which the petitioner had earlier taken during course of

         enquiry, the petitioner also stated that the Enquiry Officer

         during enquiry, acted in a haste and did not even collect

         necessary evidence, neither the Enquiry Officer appreciated the

         evidences submitted by the petitioner to rebut the charges nor

         during the enquiry any witnesses were examined and requested

         for exonerating him from the charges levelled against him. In

         the mean time the petitioner filed CWJC No. 18352 of 2018
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         before this Court challenging the order of suspension dated

         29.04.2017, but during the pendency of the aforementioned writ

         petition, by the impugned order contained in Memo No. 189

         dated 6.12.2018 issued under the signature of the District

         Magistrate/Collector, West Champaran at Bettiah, the petitioner

         was terminated from service from the date of his suspension i.e.

         29.04.2017. The petitioner by way of filing a supplementary

         affidavit in the C.W.J.C. No.18352 of 2018 questioned the

         validity of the order of dismissal dated 06.12.2018, but the said

         writ application was disposed of vide order dated 20.04.2022,

         giving liberty to the petitioner to challenge the order of

         dismissal by filling a departmental appeal.

                         9. The learned senior counsel for the petitioner

         further submits that the petitioner in terms of the liberty granted

         by a Coordinate Bench of this court vide order dated

         20.04.2022, preferred service appeal which was numbered as

         Service Appeal No. 92 of 2022 before the Divisional

         Commissioner, Tirhut Division, Muzaffarpur but the Appellate

         Authority without even considering the defence taken by the

         petitioner in his memo of appeal, affirmed the order of dismissal

         passed by the disciplinary authority on 06.12.2018, by

         modifying the same to the extent that instead of the order of
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         dismissal issued from the date of suspension i.e. 29.04.2017, the

         same will be from the date of its issuance and not from any

         retrospective date. Meaning thereby that the date of dismissal of

         the petitioner from service was modified from 29.04.2017 to

         06.12.2018.

                         10. The learned senior counsel for petitioner while

         assailing the order of dismissal passed by the District

         Magistrate, West Champaran at Bettiah dated 06.12.2018

         submits that the Disciplinary Authority while passing the

         impugned order of punishment did not consider the defence

         submitted by the petitioner and relied on the report submitted by

         the Enquiry Officer. Even the Appellate Authority while

         rejecting the appeal preferred by the petitioner, did not bother to

         take into consideration the defence taken by the petitioner in his

         memo of appeal, whereby he had stated that the said amount

         was transferred to the account of the wife of Ajay Giri and there

         was no direct transaction between Neelam Giri and Om Prakash

         Singhania.

                         11. The learned senior counsel for the petitioner

         further submits that the charge memo itself was defective since

         it does not contain the list of witnesses and it does not contain

         any statement of imputation of misconduct as well as the list of
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         documents, as mandated under the provisions contained in Rule

         17(4) of the Bihar Government Servants (CCA) Rules, 2005.

                         12. The learned senior counsel for the petitioner

         submits that upon initiation of the departmental proceeding, the

         enquiry officer was required to fix a date for leading oral and

         documentary evidence on behalf of the disciplinary authority in

         terms of Rule 17(14) of the Bihar Government Servants (CCA)

         Rules, 2005, but no such date was fixed nor any evidence was

         adduced on behalf of the department to prove the charges. He

         further submits that the departmental proceeding was in

         violation of Rule 17(23) of the Bihar Government Servants

         (CCA) Rules, 2005, since no appreciation of evidence was ever

         done and further, the enquiry report is cryptic, perverse as well

         as perfunctory in nature, since the report merely records the

         charges and the explanation of the petitioner to the charges and

         the opinion of the Presenting Officer, however, the same does

         not even remotely records the discussion of the enquiry

         authority, as to how the charges against the petitioner have been

         proved. Even no reason has been assigned for coming to the

         conclusion that in what manner the order of Public Grievance

         Redressal Officer proves the charges against the petitioner.

         Rules 17(23) of the Bihar Government Servants (CCA) Rules,
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         2005 provides that upon conclusion of the enquiry, a record

         shall be prepared which should contain the article of charges,

         the defence of delinquent and the assessments of the evidence in

         respect of each of the article of the charges and the findings on

         each of the article of charges and the reasons thereof, but the

         enquiry report does not fullfill any of the aforesaid mandate.

         The Enquiry Officer during the departmental proceeding acted

         as a representative of the department and not as an independent

         adjudicator, since the report discloses complete non-application

         of mind.

                         13. Learned senior counsel for the petitioner refers

         to and relies on a judgment of a Division Bench of this Court

         dated 06.08.2024 passed in L.P.A. No. 389 of 2024 (Ram Lagan

         Ram Versus the State of Bihar and Ors.) wherein in paragraph

         nos. 16 and 17 the learned Division Bench of this Court has held

         as follows:-



                                        “16. We also notice the decision of the
                                               Hon’ble Supreme Court in the case of
                                               Roop Sing Negi Vs. Punjan National
                                               Bank reported in (2009) 2 SCC 570,
                                               which categorically held that mere
                                               production of documents is not proof
                                               even in a departmental enquiry and
                                               the contents of documentary evidence
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                                               will have to be proved by examining
                                               witnesses. It was categorically held
                                               that an FIR in itself is not evidence
                                               without actual proof of facts stated
                                               therein. The Department could have
                                               examined    the   witnesses,   as       we
                                               noticed; the Complainant, members
                                               of the trap team or even the
                                               independent witnesses to the trap, to
                                               prove the facts as stated in the FIR.
                                        17.    We find absolutely no reason to
                                               sustain the enquiry, the punishment
                                               imposed on the basis of such enquiry;
                                               in which there was absolutely no
                                               material produced as valid evidence.
                                               The order of dismissal and the order
                                               rejecting the appeal also hence, has
                                               to be set-aside. We find the judgment
                                               of the learned Single Judge also to be
                                               flawed for having not correctly
                                               appreciated the law, on the facts
                                               coming out in the above case. We set
                                               aside the judgment of the learned
                                               Single Judge and also find the
                                               enquiry to be not in accordance with
                                               law.”
                         14. Learned senior counsel for the petitioner relies

         on a judgment dated 19.03.2025 passed by a Co-ordinate Bench

         of this Court in C.W.J.C. No. 23560 of 2019 (Md. Jamil Akhtar

         versus the State of Bihar & Ors.) wherein in paragraph no. 13, it

         has been held as follows:-
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                                        “13. Perusal of the memo of charge clearly
                                               shows    that     the       same     was     not
                                               accompanied by the list of documents
                                               and list of witnesses and thus, there is
                                               complete defiance of Rule 17(3) and
                                               17(4) of Rules, 2005. It would be
                                               worth noting that Rule 17(3) casts an
                                               obligation      on         the     disciplinary
                                               authority to draw a charge against a
                                               delinquent Government servant or
                                               cause it to be drawn up against the
                                               officer delinquent. It is specifically
                                               ruled that the substance of imputation
                                               of misconduct or misbehaviour has
                                               definite and distinct Articles                of
                                               Charge. In support of each charge the
                                               statement    of      all     relevant      facts,
                                               including a list of such documents by
                                               which and a list of such witnesses by
                                               whom the Articles of Charge is
                                               sustained. Rule 17(4) of Rules, 2005
                                               further mandates the delivery of
                                               charge memo so drawn up either
                                               through the disciplinary authority or
                                               through an officer duly authorized.
                                               The     obligation          cast     on      the
                                               disciplinary authority has further
                                               mandated him to satisfy himself,
                                               whether the explanation so forwarded
                                               by a delinquent on the proposed
                                               charge requires an enquiry by the
                                               enquiry officer or requires a closure.
                                               While reiterating the afore-noted
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                                               proposition of law, this Court in the
                                               case of Shankar Dayal vs. The State
                                               of Bihar & Ors. (C.W.J.C. No. 7207
                                               of 2016) held that this power is
                                               exclusively vested in the disciplinary
                                               authority and cannot be delegated.”
                         15. Learned senior counsel for the petitioner relies

         on a judgment dated 09.05.2017 passed by a Co-ordinate Bench

         of this Court in C.W.J.C. No. 610 of 2017 (Ashwini Kumar

         versus the State of Bihar & Ors.) wherein in paragraph nos. 9,

         10, 11 & 12, it has been held as follows:-

                                     “9. Before I would proceed to deal with the
                                           issue raised and contested, I deem it
                                           necessary to refer to Rule 17 of "the
                                           Rules" which casts certain obligation on
                                           the disciplinary authority requiring a
                                           discharge before he proceeds to draw a
                                           proceeding    for   imposing    a   major
                                           penalty. Rule 17(3) of the Rules relates
                                           to drawing of a charge-sheet and which
                                           inter alia mandatorily requires the
                                           disciplinary authority not only to give a
                                           list of documents on which the charges
                                           are founded but also give a list of such
                                           witness by whom, the article of charges
                                           are to be proved. Annexure-18 is the
                                           charge-sheet and which simply refers to
                                           certain documents as evidence but no
                                           list of witness accompanies the charge-
                                           sheet through whom the department
                                           proposed to uphold the charges. In other
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                                           words, the charge-sheet itself is de hors
                                           the statutory prescriptions for until such
                                           time that a list of witness accompanies a
                                           charge-sheet, the documents relied upon
                                           by the department suo motu cannot be
                                           simply relied upon for proving a charge
                                           as held by the Supreme Court in the case
                                           of     Roop     Singh      Negi    vs.     Punjab
                                           National       Bank     since      reported     in
                                           (2009)2 SCC 570. That was a case in
                                           which the department was relying upon
                                           the First Information report to uphold
                                           the guilt but no witness was led by the
                                           Presenting Officer to prove the police
                                           report and it is taking note of such
                                           circumstance that the Supreme Court
                                           has proceeded to hold thus at paragraph
                                           14 of the judgment:-
                                           "14.       Indisputably,    a      departmental
                                                  proceeding is a quasi judicial
                                                  proceeding
                                                  The enquiry officer performs a
                                                  quasi-judicial        function.        The
                                                  charges      levelled       against     the
                                                  delinquent officer must be found to
                                                  have been proved. The enquiry
                                                  officer has a duty to arrive at a
                                                  finding      upon          taking      into
                                                  consideration         the         materials
                                                  brought on record by the parties.
                                                  The purported evidence collected
                                                  during      investigation         by    the
                                                  investigating officer against all the
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                                                  accused by itself could not be
                                                  treated to be evidence in the
                                                  disciplinary      proceeding.      No
                                                  witness was examined to prove the
                                                  said documents. The management
                                                  witnesses      merely   tendered   the
                                                  documents and did not prove the
                                                  contents thereof. Reliance, inter
                                                  alia, was placed by the Enquiry
                                                  Officer on the FIR which could not
                                                  have been treated as evidence."
                                                  (Emphasis is supplied)
                                     10. The second ground on which the
                                           proceeding stands invalidated is that
                                           even though a Presenting Officer was
                                           appointed vide Annexure-17 but he has
                                           failed in his duty as cast upon him under
                                           Rule 17(14) of "the Rules" which inter
                                           alia stipulates that, "on the date fixed for
                                           the enquiry, the oral and documentary
                                           evidence by which the article of charges
                                           are proposed to be proved shall be
                                           produced by or on behalf of the
                                           disciplinary authority. The witnesses
                                           shall be examined by or on behalf of the
                                           Presenting Officer and may be cross-
                                           examined by or on behalf of Government
                                           servant. The Presenting Officer shall be
                                           entitled to re-examine the witnesses on
                                           any points on which they have been
                                           cross-examined, but not on any new
                                           matter without the leave of the enquiring
                                           authority. The enquiring authority may
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                                            also put such questions to the witnesses
                                            as it thinks fit."
                                     11.    It is undisputed that in the present case
                                            no witness was led by the department
                                            nor any attempt was made by the
                                            Presenting         Officer     to        get        the
                                            documentary evidence proved during the
                                            course of the disciplinary proceedings.
                                            On the contrary, it is simply taking note
                                            of the departmental stand as reflecting
                                            from Annexure-21 of writ petition that
                                            the          Departmental                 Enquiry
                                            Commissioner has proceeded to uphold
                                            the quilt and even though the enquiry
                                            report runs into almost 30 pages but the
                                            substance is lacking because the enquiry
                                            report is not supported by any material.
                                            The role of an Enquiry Officer and the
                                            obligation     cast     upon        him        stands
                                            discussed in judgment of the Supreme
                                            Court rendered in the case of State of
                                            Uttar Pradesh vs. Saroj Kumar Sinha
                                            since reported in (2010)2 SCC 772 and
                                            1 am tempted to reproduce paragraph
                                            28 of the judgment which succinctly
                                            explains the legal position;
                                            "28. An inquiry officer acting in a quasi-
                                                   judicial authority is in the position
                                                   of an independent adjudicator. He
                                                   is    not     supposed        to        be    a
                                                   representative               of              the
                                                   department/disciplinary
                                                   authority/Government.                        His
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                                                  function is to examine the evidence
                                                  presented by the Department, even
                                                  in the absence of the delinquent
                                                  official to see as to whether the
                                                  unrebutted evidence is sufficient to
                                                  hold that the charges are proved.
                                                  In the present case the aforesaid
                                                  procedure has not been observed.
                                                  Since no oral evidence has been
                                                  examined the documents have not
                                                  been proved, and could not have
                                                  been taken into consideration to
                                                  conclude that the charges have
                                                  been     proved     against     the
                                                  respondents."     (Emphasis       is
                                                  supplied)
                                     12. Completing the circle of invalidation is the
                                           final order of dismissal which neither
                                           takes into consideration the defence so
                                           led by the petitioner nor the issue raised
                                           by him rather it proceeds to comment
                                           upon past conduct of the petitioner to
                                           form his opinion, which act of a
                                           disciplinary authority has already been
                                           deprecated by the Supreme Court in the
                                           judgment in the case of Indu Bhushan
                                           Dwivedi vs. State of Jharkhand & Ors.
                                           reported in (2010)11 SCC 278 [:
                                           2010(3) PLJR (SC)197).
                         16. Learned senior counsel for the petitioner further

         relies on a decision of a Co-ordinate Bench of this Court in the

         case of Ashok Paswan Versus The State of Bihar & Ors.
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         Reported in 2021 (4) PLJR 490 wherein in paragraph no.10, it

         has been held as follows:-

                                           “10. The Bihar Government Servants
                                                  (Classification, Control & Appeal)
                                                  Rules, 2005 (for short "CCA Rules,
                                                  2005)    lays     down       exhaustive
                                                  procedure for imposition of major
                                                  and minor penalties. Rule-17 of the
                                                  CCA. Rules, 2005, which lays
                                                  down the procedure for imposition
                                                  of major penalty mandates in sub
                                                  Rule-4    that        the   disciplinary
                                                  authority shall deliver or cause to
                                                  be delivered to the Government
                                                  servant a copy of the articles of
                                                  charge, such statement of the
                                                  imputations      of    misconduct       or
                                                  misbehaviour      and       "a   list   of
                                                  documents and witnesses by which
                                                  each article of charge is proposed
                                                  to be sustained and shall require
                                                  the Government servant to submit,
                                                  within such time as may be
                                                  specified, a written statement of his
                                                  defence and to state whether he
                                                  desires to be heard in person". A
                                                  charge containing allegation of
                                                  demand or acceptance of bribe
                                                  ordinarily cannot be proved in the
                                                  absence of any oral evidence,
                                                  unless such charge has been
                                                  proved earlier in any other judicial
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                                                    or quasi judicial proceeding. It is
                                                    against        basic          logic        and
                                                    comprehension          that     a      charge
                                                    relating to demand or acceptance
                                                    of bribe can be established by a
                                                    Department against a Government
                                                    servant without any witness before
                                                    the Inquiring Authority unless
                                                    specifically       admitted         by     the
                                                    delinquent. As no witness was
                                                    examined before the Inquiring
                                                    Authority      on      behalf         of   the
                                                    Department to establish the charge
                                                    of demand or acceptance of bribe
                                                    against      the       petitioner,         the
                                                    petitioner     did     not      have       any
                                                    opportunity to cross-examine.”
                         17. Learned senior counsel for the petitioner further

         relies on a decision of a Co-ordinate Bench of this Court in the

         case of Uma Shankar Ram Versus The State of Bihar & Ors.

         Reported in 2025 (1) BLJ 783 wherein in paragraph no.15, 19,

         20 and 21 it has been held as follows:-

                                        “15. It is well settled that mere production
                                               of a document is not enough. The
                                               content of documentary evidence has
                                               to be proved by examining witnesses.
                                        19.    The role of the Enquiry Officer who is
                                               acting in a quasi judicial authority in a
                                               departmental/disciplinary authority is
                                               well founded that he is not supposed
                                               to     be   a     representative           of   the
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                                               department/disciplinary authority. His
                                               function is to examine evidence
                                               presented by the department, even in
                                               absence of delinquent official to see
                                               as to whether unrebutted evidence is
                                               sufficient to hold that the charges are
                                               proved.
                                        20. In the case of Saroj Kumar Sinha
                                               (supra), the Hon'ble Supreme Court
                                               has highlighted the status and duties
                                               of the Enquiry Officer by holding that
                                               the employee should be treated fairly
                                               in     any   proceeding      which    may
                                               culminate      in    punishment      being
                                               imposed upon him.
                                        21.    It would be apt and proper to
                                               reproduce the relevant paragraphs of
                                               the said decision, which are quoted
                                               hereunder-
                                           "27. A bare perusal of the aforesaid sub-
                                                    rule    shows    that    when     the
                                                    respondent had failed to submit the
                                                    explanation to the charge-sheet it
                                                    was incumbent upon the inquiry
                                                    officer to fix a date for his
                                                    appearance in the inquiry. It is only
                                                    in a case when the government
                                                    servant despite notice of the date
                                                    fixed failed to appear that the
                                                    inquiry officer can proceed with
                                                    the inquiry ex parte. Even in such
                                                    circumstances it is incumbent on
                                                    the inquiry officer to record the
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                                                  statement of witnesses mentioned
                                                  in the charge-sheet. Since the
                                                  government servant is absent, he
                                                  would clearly lose the benefit of
                                                  crossexamination of the witnesses.
                                                  But   nonetheless         in    order    to
                                                  establish      the        charges       the
                                                  Department is required to produce
                                                  the necessary evidence before the
                                                  inquiry officer. This is so as to
                                                  avoid the charge that the inquiry
                                                  officer has acted as a prosecutor as
                                                  well as a judge.
                                           28. An inquiry officer acting in a
                                                  quasijudicial authority is in the
                                                  position     of      an        independent
                                                  adjudicator. He is not supposed to
                                                  be    a     representative        of    the
                                                  department/disciplinary
                                                  authority/Government.                   His
                                                  function is to examine the evidence
                                                  presented by the Department, even
                                                  in the absence of the delinquent
                                                  official to see as to whether the
                                                  unrebutted evidence is sufficient to
                                                  hold that the charges are proved. In
                                                  the present case the aforesaid
                                                  procedure has not been observed.
                                                  Since no oral evidence has been
                                                  examined the documents have not
                                                  been proved, and could not have
                                                  been taken into consideration to
                                                  conclude that the charges have
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                                                  been      proved           against        the
                                                  respondents.
                                           29. Apart from the above, by virtue of
                                                  Article 311(2) of the Constitution
                                                  of India the departmental enquiry
                                                  had to be conducted in accordance
                                                  with the rules of natural justice. It
                                                  is a basic requirement of the rules
                                                  of natural justice that an employee
                                                  be given a reasonable opportunity
                                                  of being heard in any proceedings
                                                  which       may        culminate           in
                                                  punishment being imposed on the
                                                  employee.
                                           30. When a departmental enquiry is
                                                  conducted against the government
                                                  servant it cannot be treated as a
                                                  casual    exercise.        The       enquiry
                                                  proceedings         also     cannot       be
                                                  conducted with a closed mind. The
                                                  inquiry officer has to be wholly
                                                  unbiased. The rules of natural
                                                  justice are required to be observed
                                                  to ensure not only that justice is
                                                  done but is manifestly seen to be
                                                  done. The object of rules of natural
                                                  justice   is   to      ensure      that    a
                                                  government servant is treated fairly
                                                  in     proceedings         which        may
                                                  culminate      in      imposition         of
                                                  punishment                       including
                                                  dismissal/removal from service."”
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                         18. The learned senior counsel for the petitioner

         further relies on a judgment of the Hon’ble Supreme Court of

         India reported in (2010) 2 SCC 772 State of Uttar Pradesh &

         Ors. Versus Saroj Kumar Sinha, whererin in paragraph nos. 26,

         27 and 28, the Hon’ble Supreme Court of India has held as

         follows:-

                                        “26. The first inquiry report is vitiated also
                                               on the ground that the inquiry officers
                                               failed to fix any date for the
                                               appearance of the respondent to
                                               answer the charges. Rule 7(x) clearly
                                               provides as under:
                                                  "7.   (x)   Where     the     charged
                                                  government     servant      does   not
                                                  appear on the date fixed in the
                                                  inquiry or at any stage of the
                                                  proceeding in spite of the service
                                                  of the notice on him or having
                                                  knowledge of the date, the inquiry
                                                  officer shall proceed with the
                                                  inquiry ex parte. In such a case the
                                                  inquiry officer shall record the
                                                  statement of witnesses mentioned
                                                  in the charge-sheet in absence of
                                                  the charged government servant."
                                        27. A bare perusal of the aforesaid sub-rule
                                               shows that when the respondent had
                                               failed to submit the explanation to the
                                               charge-sheet it was incumbent upon
                                               the inquiry officer to fix a date for his
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                                               appearance in the inquiry. It is only
                                               in a case when the government
                                               servant despite notice of the date
                                               fixed failed to appear that the inquiry
                                               officer can proceed with the inquiry
                                               ex parte. Even in such circumstances
                                               it is incumbent on the inquiry officer
                                               to record the statement of witnesses
                                               mentioned in the charge-sheet. Since
                                               the government servant is absent, he
                                               would clearly lose the benefit of
                                               cross-examination of the witnesses.
                                               But nonetheless in order to establish
                                               the    charges   the    Department     is
                                               required to produce the necessary
                                               evidence before the inquiry officer.
                                               This is so as to avoid the charge that
                                               the inquiry officer has acted as a
                                               prosecutor as well as a judge.
                                        28.    An inquiry officer acting in a quasi-
                                               judicial authority is in the position of
                                               an independent adjudicator. He is not
                                               supposed to be a representative of the
                                               department/disciplinary
                                               authority/Government. His c function
                                               is to examine the evidence presented
                                               by the Department, even in the
                                               absence of the delinquent official to
                                               see as to whether the unrebutted
                                               evidence is sufficient to hold that the
                                               charges are proved. In the present
                                               case the aforesaid procedure has not
                                               been    observed.      Since   no    oral
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                                               evidence has been examined the
                                               documents have not been proved, and
                                               could not have been taken into
                                               consideration to conclude that the
                                               charges have been proved d against
                                               the respondents.
                         19. Learned senior counsel for the petitioner further

         relies on a decision of a Co-ordinate Bench of this Court in the

         case of Arun Kumar Verma Versus Chairman Cum Managing

         Director, BSPHCL & Ors. Reported in 2024 (3) BLJ 539

         wherein in paragraph no.23A, 24 and 25 it has been held as

         follows:-

                                        23A. It is a settled proposition of law that
                                               the reasons should be recorded as it is
                                               incumbent upon to authorities to pass
                                               a reasoned and speaking order. The
                                               Apex Court in the case of Kranti
                                               Associates (P) Ltd. vs. Masood
                                               Ahmed Khan reported in (2010) 9
                                               SCC     496,   Para    47    elaborately
                                               considered as how the judicial, quasi-
                                               judicial and other orders should be
                                               paragraph 47 reads as under:-
                                               "47.     Summarising        the   above
                                                      discussion, this Court holds:
                                               (a) In India the judicial trend has
                                                      always been to record reasons,
                                                      even      in      administrative
                                                      decisions, if such decisions
                                                      affect anyone prejudicially.
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                                               (b) A quasi-judicial authority must
                                                      record reasons in support of its
                                                      conclusions.
                                               (c) Insistence on recording of reasons
                                                      is meant to serve the wider
                                                      principle of justice that justice
                                                      must not only be done it must
                                                      also appear to be done as well.
                                               (d)    Recording        of   reasons     also
                                                      operates as a valid restraint on
                                                      any possible arbitrary exercise
                                                      of judicial and quasi-judicial or
                                                      even administrative power.
                                               (e) Reasons reassure that discretion
                                                      has been exercised by the
                                                      decision-maker        on      relevant
                                                      grounds and by disregarding
                                                      extraneous considerations.
                                               (f) Reasons have virtually become as
                                                      indispensable a component of a
                                                      decision-making        process     as
                                                      observing principles of natural
                                                      justice    by     judicial,     quasi-
                                                      judicial        and     even       by
                                                      administrative bodies.
                                               (g) Reasons facilitate the process of
                                                      judicial   review      by     superior
                                                      courts.
                                               (h) The ongoing judicial trend in all
                                                      countries committed to rule of
                                                      law        and        constitutional
                                                      governance is in favour of
                                                      reasoned decisions based on
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                                                      relevant facts. This is virtually
                                                      the    lifeblood        of     judicial
                                                      decision-making justifying the
                                                      principle that reason is the soul
                                                      of justice.
                                               (i) Judicial or even quasi-judicial
                                                      opinions these days can be as
                                                      different as the judges and
                                                      authorities who deliver them.
                                                      All these decisions serve one
                                                      common purpose which is to
                                                      demonstrate by reason that the
                                                      relevant      factors    have       been
                                                      objectively considered. This is
                                                      important for sustaining the
                                                      litigants' faith in the justice
                                                      delivery system.
                                               (j)    Insistence     on     reason     is    a
                                                      requirement for both judicial
                                                      accountability                        and
                                                      transparency.
                                               (k) If a judge or a quasi-judicial
                                                      authority is not candid enough
                                                      about his/her decision-making
                                                      process then it is impossible to
                                                      know       whether      the     person
                                                      deciding      is    faithful   to     the
                                                      doctrine of precedent or to
                                                      principles of incrementalism.
                                               (l) Reasons in support of decisions
                                                      must be cogent, clear and
                                                      succinct. A pretence of reasons
                                                      or "rubber-stamp reasons" is
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                                                      not to be equated with a valid
                                                      decision-making process.
                                               (m) It cannot be doubted that
                                                      transparency is the sine qua non
                                                      of restraint on abuse of judicial
                                                      powers.       Transparency         in
                                                      decision-making not only makes
                                                      the judges and decisionmakers
                                                      less prone to errors but also
                                                      makes them subject to broader
                                                      scrutiny. (See David Shapiro in
                                                      Defence of Judicial Candor
                                                      [(1987)     100     Harvard      Law
                                                      Review 731-37].)
                                               (n) Since the requirernent to record
                                                      reasons     emanates     from     the
                                                      broad doctrine of fairness in
                                                      decision-making,        the      said
                                                      requirement is now virtually a
                                                      component of human rights and
                                                      was       considered     part      of
                                                      Strasbourg Jurisprudence. See
                                                      Ruiz Torija vs. Spain [(1994) 19
                                                      EHRR 553) EHRR, at 562 para
                                                      29 and Anya vs. University of
                                                      Oxford [2001 EWCA Civ 405
                                                      (CA)],     wherein      the     Court
                                                      referred to Article 6 of the
                                                      European Convention of Human
                                                      Rights which requires,
                                                      "adequate         and    intelligent
                                                      reasons must be given for
                                                      judicial decisions".
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                                               (o) In all common law jurisdictions
                                                       judgments play a vital role in
                                                       setting up precedents for the
                                                       future.           Therefore,          for
                                                       development of law, requirement
                                                       of   giving       reasons      for    the
                                                       decision is of the essence and is
                                                       virtually     a     part    of       "due
                                                       process."
                                        24. The Hon'ble Supreme Court in the case
                                               of     Victoria     Memorial        Hall      vs.
                                               Howrah Ganatantrik Nagrik Samity
                                               reported in (2010) 3 SCC 732
                                               reiterated that the decision of the
                                               quasi-judicial authorities were to be
                                               reasoned one.
                                        25. Apart from this, when an action suffers
                                               from mala fide or oppression or bias,
                                               the courts may lift the veil to find not
                                               only the motive behind action but
                                               correctness of the allegations raised
                                               against a person.


                         20. Learned senior counsel for the petitioner refers

         to and relies on a judgment passed by a Division Bench of this

         Court in the case of The State of Bihar & Ors. Versus Vikash

         Kumar @ Vikas Kumar in L.P.A No. 446 of 2024 wherein in

         paragraph no. 7, 8, 9, 11, 12 & 13 it has been held as follows:-

                                 “7. We beg to differ, since the ground on which
                                        the dismissal order was interfered with, was
                                        not a technical defect in the conduct of the
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                                        enquiry. It is only when the termination of
                                        an employee is faulted on a technical
                                        ground, there is need for a remand on the
                                        ground inter alia of violation of principles
                                        of natural justice; so as to resume the
                                        enquiry from the stage at which the
                                        technical defect is noticed. Where, in an
                                        enquiry carried out, there was no proper
                                        evidence led, the management cannot be
                                        allowed to correct its mistake by making a
                                        remand and permitting fresh evidence to be
                                        led to find the delinquent employee guilty of
                                        the misconduct.
                                 8. The decisions in Union of India v. Mohd.
                                        Ramzan Khan, (1991) 1 SCC 588 and
                                        ECIL v. B. Karunakar, (1993) 4 SCC 727;
                                        considered the issue of denial of reasonable
                                        opportunity, when the enquiry report was
                                        not supplied to the delinquent employee;
                                        after the 42nd amendment of the Constitution
                                        of India. Before the 42nd amendment of the
                                        Constitution, there was a requirement to
                                        issue notice to the delinquent employee to
                                        show-cause        against     the       punishment
                                        proposed,       for   which     a       reasonable
                                        opportunity of making representation on the
                                        penalty       proposed   was        a   mandatory
                                        condition under Article 311 (2) of the
                                        Constitution of India. The 42nd amendment
                                        removed the above condition and it was the
                                        contention of the employers that there was
                                        no requirement to supply the enquiry report.
                                        It was categorically held that whenever the
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                                        Enquiry Officer is someone other than the
                                        Disciplinary Authority and the report of the
                                        Enquiry Officer holds the employee guilty of
                                        all or any of the charges; with proposal for
                                        any punishment or not, the delinquent
                                        employee is entitled to a copy of the report
                                        to enable him to make a representation to
                                        the Disciplinary Authority against the
                                        findings in the report.
                                 9. The non-furnishing of the report, hence
                                        amounts to violation of principles of natural
                                        justice; in which context a remand is
                                        necessitated, to supply the enquiry report
                                        and afford a reasonable opportunity to the
                                        delinquent         to   represent       against   the
                                        prejudicial findings. The remand is to cure
                                        the technical defect, so as to avoid any
                                        prejudice being caused to the delinquent, by
                                        reason        of    denial   of     a     reasonable
                                        opportunity, before being penalized and not
                                        to clear up the lacuna committed by the
                                        Management in the conduct of the enquiry;
                                        especially when the enquiry was carried out
                                        in a negligent manner without adducing any
                                        valid evidence.
                                 11. The learned Single Judge has relied on Union
                                        of India v. P. Gunasekaran; (2015) 2 SCC
                                        610 from which we extract Paragraph 12
                                        and 13:
                                        12. Despite the well-settled position, it is
                                        painfully disturbing to note that the High
                                        Court has acted as an appellate authority in
                                        the disciplinary proceedings, reappreciating
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                                        even the evidence before the enquiry officer.
                                        The finding on Charge I was accepted by
                                        the disciplinary authority and was also
                                        endorsed by the Central Administrative
                                        Tribunal. In disciplinary proceedings, the
                                        High Court is not and cannot act as a
                                        second court of first appeal. The High
                                        Court, in exercise of its powers under
                                        Articles 226/227 of the Constitution of
                                        India, shall not venture into reappreciation
                                        of the evidence. The High Court can only
                                        see whether:
                                        (a) the enquiry is held by a competent
                                        authority;
                                        (b) the enquiry is held according to the
                                        procedure prescribed in that behalf;
                                        (c) there is violation of the principles of
                                        natural       justice   in    conducting   the
                                        proceedings;
                                        (d) the authorities have disabled themselves
                                        from reaching a fair conclusion by some
                                        considerations extraneous to the evidence
                                        and merits of the case;
                                        (e) the authorities have allowed themselves
                                        to be influenced by irrelevant or extraneous
                                        considerations;
                                        (f) the conclusion, on the very face of it, is
                                        so wholly arbitrary and capricious that no
                                        reasonable person could ever have arrived
                                        at such conclusion;
                                        (g)    the     disciplinary    authority   had
                                        erroneously failed to admit the admissible
                                        and material evidence;
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                                        (h)     the     disciplinary        authority    had
                                        erroneously admitted inadmissible evidence
                                        which influenced the finding;
                                        (i) the finding of fact is based on no
                                        evidence.
                                        13.     Under     Articles      226/227     of   the
                                        Constitution of India, the High Court shall
                                        not:
                                        (i) reappreciate the evidence;
                                        (ii) interfere with the conclusions in the
                                        enquiry, in case the same has been
                                        conducted in accordance with law;
                                        (iii) go into the adequacy of the evidence;
                                        (iv) go into the reliability of the evidence;
                                        (v) interfere, if there be some legal evidence
                                        on which findings can be based.
                                        (vi) correct the error of fact however grave
                                        it may appear to be;
                                        (vii)   go    into      the    proportionality    of
                                        punishment unless it shocks its conscience.
                                        (underlining & bold font supplied, for
                                        emphasis)
                                 12. From the above extract it is very clear that
                                        the High Court under Article 226/227 is
                                        entitled to interfere when the finding of fact
                                        is based on no evidence. If in every case
                                        where no valid evidence is led at the
                                        enquiry proceedings, there is a remand
                                        made, it would be offering a premium to the
                                        negligence         of         the     Management/
                                        Disciplinary Authority and condoning the
                                        levity with which the departmental enquiry
                                        was conducted. It is the Disciplinary
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                                        Authority who appoints the Enquiry Officer
                                        and also the Presenting Officer. We would
                                        think that the Presenting Officer would be
                                        well versed in the procedures and also be
                                        informed of the manner in which evidence
                                        has to be led before the Enquiry Officer to
                                        prove the misconduct alleged against the
                                        delinquent employee.
                                 13.    In disciplinary enquiry proceedings, it is
                                        also the trite principle that the standard of
                                        proof is preponderance of probability as
                                        distinguished from proof beyond reasonable
                                        doubt; as would be required in a criminal
                                        prosecution. However, if there is no
                                        evidence led at the enquiry, there is no
                                        question      of   any    preponderance       of
                                        probability    being     drawn   to   find   the
                                        allegations proved nor can the delinquent
                                        be penalized on the basis of peremptory
                                        findings without any valid evidence.”
                         21. Per contra, the learned counsel for the State-

         respondents submits that on the complaint filed by Binod

         Kumar Singhania, a complaint was registered and it was found

         during course of enquiry that Rs. 2,00,000/- was transferred in

         the bank account of the petitioner through cheque on

         29.11.2016. Further during course of enquiry, the Additional

         Collector, West Champaran at Bettiah found from the statements

         of the petitioner, complainant as well as the Land Reforms

         Deputy Collector, Bettiah that the petitioner after receiving Rs.
Patna High Court CWJC No.4696 of 2023 dt.25-02-2026
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         2,00,000/- from the Om Prakash Singhania and his family

         members told the complainant Binod Kumar Singhania that if

         he will give more amount than what has been given by Om

         Prakash Singhania, then he will manage to pass an order in his

         favour. The DCLR, Bettiah submitted that due to busy schedule

         in the election work from November, 2016 till date of his

         appearance before the A.D.M., West Champaran at Bettiah,

         orders in Jamabandi Cancellation Case No.33 of 2015–16 and

         Jamabandi Cancellation Case No.53 of 2015-16 could not be

         passed and the order is ready and by 06.04.2017, the orders will

         certainly be passed. The A.D.M., West Champaran at Bettiah

         came to the conclusion that during the pendency of the

         jamabandi cancellation cases, Om Prakash Singhania issued

         cheque of Rs. 2,00,000/- in favour of the petitioner and it can be

         said that the said cheque was issued for the disposal of the two

         cases and he found the allegations level against the petitioner to

         be proved.

                         22. Learned counsel for the State-respondent

         further submits that based on the above said preliminary enquiry

         report, the petitioner was put under suspension and memo of

         charge was framed against him. The Presenting Officer and the

         Enquiry      Officer     were     appointed   and   the   departmental
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         proceeding was initiated against the petitioner wherein by letter

         dated 05.08.2017, the Enquiry Officer directed the petitioner to

         be present on 12.08.2017 and to submit his explanation with

         regard to the charges mentioned in Prapatra KA. The petitioner

         appeared and filed his reply upon which the Enquiry Officer

         directed the Presenting Officer to make available his findings,

         on the explanation submitted by the petitioner and 09.09.2017

         was fixed as a date for hearing and finally after completion of

         the enquiry, submitted his report on 30.11.2017, wherein he

         found the charges to be proved against the petitioner. Second

         show cause notice was issued to the petitioner and all the

         relevant documents, including the enquiry report was provided

         to the petitioner and in compliance thereof, the petitioner

         submitted his second show cause reply on 22.12.2017, wherein

         he prayed to exonerate him from the charges levelled against

         him. The disciplinary authority by considering all the

         documents, passed the impugned order by which, he dismissed

         the petitioner from service. The petitioner filed a service appeal

         before the appellate authority but the same was also dismissed

         and the order passed by the disciplinary authority as well as the

         appellate authority are in accordance of law and does not require

         any interference by this court.
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                         23. Having heard the learned counsel for the parties

         and after considering the materials available on record, this

         Court finds that no show cause was issued to the petitioner

         before issuance of the memo of charge. Further from perusal of

         the charge memo, it would transpire that the chare memo is

         based on certain documents, which the department intended to

         rely during the departmental proceeding/enquriy, but the said

         documents were not appended to the charge memo, thereby the

         same was not provided to the petitioner, so that he can rebut the

         same. Further, the charge memo does not contain any statement

         of imputation or misconduct as well as the list of documents and

         witnesses, which is a mandatory requirement as per the

         provisions contained in Rule 17(3) & (4) of the Bihar

         Government Servants (CCA) Rules, 2005. Therefore, the charge

         memo itself was issued in contravention of the provisions

         contained the Bihar Government Servants (CCA) Rules, 2005.

         Further during course of the enquiry, no evidence was adduced

         on behalf of the department (the Presenting Officer) and no date

         was fixed by the Enquiry Officer for leading oral and

         documentary evidence on behalf of the departmental authorities,

         which is in complete violations of the provisions contained in

         Rule 17 (4) of the Bihar Government Servants (CCA) Rules,
Patna High Court CWJC No.4696 of 2023 dt.25-02-2026
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         2005, since no evidence was adduced on behalf of the

         department and therefore, the petitioner could not get any

         opportunity to cross-examine the witnesses, which prejudiced

         the case of the petitioner. In the present case, no documentary or

         oral evidence was produced. It further appears that the entire

         charge against the petitioner was that Binod Kumar Singhania

         made a complaint of illegal demand of money from the

         petitioner, however the said Binod Kumar Singhania was not

         made a witness during course of the departmental proceeding, to

         prove the allegation and to give an opportunity to the petitioner

         to cross-examine him to rebut the allegations levelled by him.

         Further, the enquiry report which was submitted by the Enquiry

         Officer on 18.10.2017 merely records the charges, the

         explanation submitted by the petitioner to the charges and the

         opinion of the Presenting Officer. The Enquiry Officer even did

         not give his opinion after considering the materials produced

         before him and no reason has been given by the Enquiry Officer

         to show that how he came to the conclusion that the charges

         against the petitioner have been found to be proved. It further

         appears that during course of enquiry, the Enquiry Officer did

         not act on his own, rather he acted as a representative of the

         department and the enquiry report appears to be without
Patna High Court CWJC No.4696 of 2023 dt.25-02-2026
                                          40/42




         application of mind. It further appears that the disciplinary

         authority while passing the order of punishment without even

         considering the reply filed by the petitioner came to the

         conclusion that the petitioner is guilty, during course of enquiry.

         The disciplinary authority also did not consider any of the

         defence taken by the petitioner in his second show cause reply

         and without assigning any reason for rejecting the explanation

         submitted by the petitioner, proceeded to pass the order of

         punishment against the petitioner. Similarly, the Appellate

         Authority has also not assigned any reason to rebut the

         contention of the petitioner as taken in the memo of appeal and

         proceeded to reject the complaint of the petitioner only on the

         ground that Rs. 2,00,000/- was credited in the account of the

         petitioner. It further appears that during pendency of the writ

         petition, the petitioner has attained the age of superannuation on

         31.11.2025.

                         24. Accordingly, on the basis of the considerations

         made above, the order impugned contained in Memo No. 189

         dated 06.12.2018 passed by the District Magistrate-Cum-

         Collector, West Chamaparan at Bettiah and order dated

         17.01.2023 passed in Service Appeal No. 92 of 2022 passed by

         the Divisional Commissioner, Tirhut Division, Muzaffarpur are
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         hereby set aside.

                           25. The High Court under Article 226/227 is

         entitled to interfere when the finding of fact is based on no

         evidence and if in every case where no valid evidence is laid at

         the enquiry proceeding, there is a remand made, it would be

         offering      a     premium         to       the   negligence   of   the

         management/disciplinary authority and condoning the levity

         with which the departmental enquiry was conducted. It is the

         disciplinary authority, who appoints the Enquiry Officer and the

         Presenting Officer and it is expected that the Presenting Officer

         would be well versed in the procedures and also be informed in

         the manner in which evidence has to be laid before the Enquiry

         Officer, to prove the misconduct, alleged against a delinquent

         employee. In a disciplinary enquiry proceeding, it is also the

         trite principle that the standard of proof is preponderance of

         probability as distinguished from proof beyond reasonable

         doubt, as would be required in a criminal prosecution. However,

         if there is no evidence laid at the enquiry, there is no question of

         any preponderance of probability being drawn to find the

         allegations proved nor can the delinquent be penalised on the

         basis of peremptory finding without any valid evidence. The

         disciplinary authority had an opportunity in a properly
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                                                       42/42




                      constituted enquiry proceeding and if in such a proceeding no

                      evidence was laid, the punishment of dismissal has to be found

                      to be imposed on no valid evidence. Since, the petitioner has

                      superannuated on 31.10.2025, he would be deemed to have

                      continued in service from the date of dismissal and will be

                      entitled to be paid the entire pay and allowances. The petitioner

                      shall also be entitled to the retirement benefits, including

                      pension from the date of his superannuation.

                                      26. The entire exercise must be completed within a

                      period of three months from the date of receipt/production of a

                      copy of the order.

                                      27. The petitioner would be entitled for pension

                      w.e.f. 01.12.2025.

                                      28.    The     writ      petition   is   allowed   in   the

                      aforementioned terms.




                                                   (Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR
CAV DATE                05.02.2026
Uploading Date          26.02.2026
Transmission Date       NA


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