Patna High Court
Vijendra PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The disciplinary and appellate orders imposing compulsory retirement on the petitioner are set aside as excessive and violative of the Bihar CCA Rules, 2005.
Summary
The petitioner, a peon in the Bihar Information and Public Relations Department, was charged with assisting his superior in earning illegal money and was subjected to a departmental enquiry that resulted in a finding of guilt based largely on his own admissions. The Disciplinary Authority imposed compulsory retirement on the petitioner, supplemented by an order restricting his salary, and the Appellate Authority upheld this punishment. The petitioner challenged the orders, arguing violations of Rules 17 and 18 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, lack of cross‑examination, and that the punishment was disproportionate, especially since the superior was not removed from service. The State contended that the petitioner’s admissions rendered further evidence unnecessary and that the orders were lawful. The High Court held that while admissions may obviate cross‑examination, the punitive measure of compulsory retirement was exorbitant and contrary to the applicable rules, and therefore set aside the disciplinary and appellate orders, remanding the matter for a fresh, proportionate decision within 60 days.
Issues considered
- Whether the disciplinary proceedings complied with Rules 17 and 18 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 regarding procedural fairness.
- Whether compulsory retirement is a proportionate punishment in the circumstances, given that the superior was not similarly penalised.
- Whether the findings of the enquiry officer, based largely on the petitioner’s admissions, are sufficient to sustain the disciplinary action without cross‑examination.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 167
Subjects
- compulsory retirement
- departmental inquiry
- procedural fairness
- proportionality of punishment
- Bihar CCA Rules
- certiorari
- civil service disciplinary action
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6465 of 2022
======================================================
Vijendra Paswan Son of Late Lalji Paswan, resident of Village- Rupaspur,
Police Station- Rupaspur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Information and Public
Relation Department, Government of Bihar, Patna.
2. The Principal Secretary-cum- Appellate Authority, Information and Public
Relation Department, Government of Bihar, Patna.
3. The Director-cum- Disciplinary Authority, Information and Public Relation
Department, Government of Bihar, Patna.
4. The Deputy Secretary-cum- Inquiry Officer, Information and Public
Relation Department, Government of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Shekhar, Advocate
For the State : Mr. S.K. Mandal (SC-3)
Mr. Bipin Kumar (AC to SC-3)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 29-01-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“I. For issuance of writ in the nature
of certiorari for quashing of the
Enquiry Report dated 13.12.2018
(Annexure-4); for quashing of the
order dated 13.03.2019 contained in
Memo No. 480 (Annexure-6) passed
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by the Disciplinary Authority,
whereby the punishment of
compulsory retirement has been
imposed upon the petitioner,
including the supplementary order
dated 15.03.2019 contained in Memo
No. 513 (Annexure-7); for quashing
of the appellate order dated
07.10.2021 contained in Memo No.
979 (Annexure-9), whereby the
appeal of the petitioner was rejected
and order of the Disciplinary
Authority has been upheld.
II. Upon quashing of the aforesaid
memos, issuance of direction to the
respondents to reinstate the petitioner
with all admissible benefits.
III. For any other relief or reliefs to
which the petitioner is entitled in the
facts and circumstances of the case.”
3. Learned counsel for the petitioner submits that
the petitioner was working on the post of Peon in the office of
Information and Public Relation Department, Government of
Bihar, Patna at the relevant period of time. He submits that vide
order dated 09.07.2018 and further vide office order dated
10.09.2018, Prapatra-Ka has been issued to the petitioner with
the specific charges that he has helped his superior namely, Mr.
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Kanhaiya Kumar for earning illegal money, due to which a
departmental proceeding was initiated by appointing
Conducting Officer & Presenting Officer to enquire into the
matter. Counsel submits that the petitioner has submitted his
defence/written statement on 24.07.2018 as well as he has also
submitted his explanation on 01.11.2018 before the concerned
authorities. But, the Enquiry Officer has found the charges
proved against him. Counsel submits that upon receiving the
enquiry report, the petitioner was asked second show cause on
30.01.2019 and he has submitted his reply on 14.02.2019. But,
the Disciplinary Authority vide order dated 13.03.2019
contained in Memo No. 480 imposed the punishment of
compulsory retirement and subsequently, the supplementary
order has been passed vide order dated 15.03.2019 contained in
Memo No. 513, whereby, it was ordered that no payment shall
be made to the petitioner during the period of suspension except
for subsistence allowance. Counsel further submits that the
petitioner has challenged the order of the Disciplinary Authority
before the Appellate Authority, but the Appellate Authority has
also rejected the appeal of the petitioner vide order dated
07.10.2021 contained in Memo No. 979. Thereafter, the
petitioner moved before this Hon’ble Court by filing the present
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writ petition.
4. Learned counsel for the petitioner further
submits that a unique methodology of punishment has been
adopted by the Disciplinary Authority. He submits that there is a
gross violation of Rule 17 & 18 of the Bihar Government
Servants (Classification, Control & Appeal) Rules, 2005
(hereinafter referred to as ‘Bihar CCA Rules, 2005’). He
submits that not a single witness has been examined nor any
opportunity of examination or cross examination of any witness
from any side has been provided and the petitioner has been
punished. Counsel further submits that, at the time of passing
the final order, the petitioner took the plea that it was his
superior who had actually committed the wrong. However,
while the allegation against the petitioner was that he had
assisted/provided help to his superior, the said superior has been
exonerated in the departmental proceeding. The petitioner has
been made a scapegoat in the present case and he has
unnecessarily been punished. Counsel submits that it is a case
where violation of rules under Bihar CCA Rules, 2005 have
been made as well as exorbitant punishment has been imposed
upon the petitioner. Therefore, he seeks indulgence of this
Hon’ble Court to interfere in this matter upon a poor Class-IV
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employee who has basically obeyed his superior under threat
and coercion and this aspect has not been taken into
consideration at any level of time, either before the Enquiry
Officer or before the Disciplinary Authority or before the
Appellate Authority. Counsel, therefore, submits that this writ
petition is fit to be allowed.
5. Learned counsel for the State, on the other hand,
vehemently opposes the prayer and the pleadings made in the
writ petition and submits that after issuance of Prapatra-Ka, it
is very clear by the reply of the petitioner that he has accepted
his wrong which has been alleged under memo of charge. He
submits that the petitioner has also accepted his guilt before the
Enquiry Officer. He submits that in such type of cases, no
opportunity of cross examination or any evidence is required
when the findings of the Enquiry Officer is basically by virtue
of admission. As, whatever be the allegation alleged against the
present petitioner, has been accepted in toto, rather, he has
explained the entire situation and the modus operandi as to how
he has committed the wrong. Counsel, therefore, submits that
the findings of the Enquiry Officer is absolutely in accordance
with law and there is no violation of rules under Bihar CCA
Rules, 2005. He further submits that the defence taken by the
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petitioner before the lower authorities that his superior, who was
alleged to have committed the wrong has not been punished is
not correct. This defence is not correct, rather, he has also been
punished. Counsel, therefore, submits that the order passed by
the authorities which are impugned here are absolutely in
accordance with law and there is no need of any interference in
this matter.
6. Upon a specific query by the Court to the
counsel for the State, as to whether he has verified with the
department about the punishment imposed upon the petitioner’s
superior, he submits that the department has intimated that the
said person (superior of petitioner) has been punished by
lowering his post, however, the punishment of compulsory
retirement was not imposed upon him.
7. Upon perusal of the record, documents and the
arguments, it transpires to this Court that at the time of passing
the order by the Enquiry Officer, there is no wrong, particularly
when, in the written statement, admission has come on behalf of
the petitioner and subsequently, before the Enquiry Officer also
again, admission has come. Therefore, in the opinion of this
Court, there is no need of any cross examination. But the
another aspect which is on record has not been considered at all
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by any of the authorities, that this petitioner is the witness of the
event. The petitioner has narrated his statement under section
167 of the Code of Criminal Procedure, 1973 (Act No. 2 of
1974) before the court and basically he is one of the probable
witness against the said person in the criminal court. The
another aspect which is most fatal that the petitioner has worked
in coercion and pressure of his superior, though, he has
committed wrong no doubt at all. Therefore, on the point of
holding guilty, this Court is not expressing any opinion. But,
only on the point of exorbitant punishment, this Court is very
much surprised that the person who has committed wrong has
not been removed from the service, rather, the petitioner who
has alleged to work under coercion and pressure has been
removed from the service by virtue of compulsory retirement.
Such type of punishment is absolutely exorbitant and must not
be sustainable in the eye of law.
8. In this view of the matter, the order of the
Disciplinary Authority dated 13.03.2019 contained in Memo
No. 480 (Annexure-6), the supplementary order dated
15.03.2019 contained in Memo No. 513 (Annexure-7) and the
order of the Appellate Authority dated 07.10.2021 contained in
Memo No. 979 (Annexure-9), all are hereby set aside.
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9. The matter is remanded back to the Disciplinary
Authority to pass order afresh considering this aspect that the
person namely, Kanhaiya Kumar has not been removed from the
service, but the petitioner has been removed from the service by
virtue of compulsory retirement. The Disciplinary Authority
shall pass order afresh within 60 days from the date of
production of a copy of this order. Whatever be the entitlement
of the petitioner with regard to his salary, retirement benefits
etc., the Disciplinary Authority shall grant him within the said
period.
10. Accordingly, with the aforesaid direction, this
writ petition is hereby allowed.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 31/01/2026
Transmission Date NA
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