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Patna High Court

Uday KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The order does not amount to the initiation of disciplinary proceedings and no hearing is required at that stage, so the petition is dismissed.

Summary

The petitioner, a Block Development Officer, challenged an order dated 22‑10‑2025 that directed the framing of charges and initiation of departmental proceedings against him for allegedly violating Panchayati Raj guidelines while granting technical sanction for a welfare scheme. He argued that the order was passed without notice or hearing, violating natural justice, and that his actions were consistent with the 2017 guidelines which vested the Block Project Management Unit with authority to grant technical sanction. The State contended that the order was a preliminary step under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005, which does not require a hearing at the initiation stage. The Court examined the relevant rules and found that the order merely recommended inquiry and did not constitute the commencement of disciplinary proceedings. Consequently, the Court held that no violation of natural justice occurred and dismissed the writ petition.

Issues considered

  • Whether the order directing framing of charge and initiation of departmental proceedings without a prior hearing violates principles of natural justice.
  • Whether, under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005, a hearing is required at the stage of initiating departmental proceedings.
  • Whether the petitioner’s grant of technical sanction was within the scope of the 2017 Panchayati Raj guidelines and therefore not misconduct.

Legislation cited

Subjects

  • departmental proceedings
  • natural justice
  • technical sanction
  • Bihar Government Servants Rules
  • Panchayati Raj
  • certiorari
  • disciplinary action
  • administrative law

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.7970 of 2026

     ======================================================
     Uday Kumar Son of Kishun Prasad, resident of village- Chakrasalpur More,
     P.O. Rana Bigha, P.S. Deep Nagar, District- Nalanda at Biharsharif, presently
     posted as Block Development Officer, Punpun, District Patna.


                                                                     ... ... Petitioner/s
                                         Versus

1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Secretary, Panchayati Raj Department, Government of Bihar, Patna.
3.   The District Magistrate, Patna, District- Patna.
4.   The District Panchayat Raj Officer, Patna, District- Patna.
5.   Dhananjay Madhu, Son of Bhagwan Singh, Resident of village- Shekhpura,

     P.O. - Nandlal Bag, P.S. Gaurichak, District- Patna.

                                                                   ... ... Respondent/s

     ======================================================
     Appearance :
     For the Petitioner/s    :      Mr. S.B.K. Mangalam, Advocate

                                    Mr. Awnish Kumar, Advocate

     For the State           :      Mr. Rajeshwar Singh, GA-10

                                    Mr. Jitendra Kumar, AC-2 to GA-10

     ======================================================

     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                 CAV JUDGMENT

      Date : 08-07-2026
                Heard learned Counsel for the petitioner and learned

      Counsel for the State.

                     2. The present writ petition has been filed with the

      following reliefs:-
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                                                         “1) For issuance of an
                                        appropriate       writ        in       the     nature    of
                                        CERTIORARI for quashing the order
                                        dated      22.10.2025              passed        by     the
                                        Respondent no. 2 and contained in his
                                        memo       no.13030           dated           22.10.2025,
                                        whereby and where under the Respondent
                                        no.2 has been pleased to direct for
                                        framing of charge against the petitioner
                                        for     initiation       of        a         departmental
                                        proceeding in view of the report of the
                                        District Panchayat Raj Officer, Patna
                                        contained       in   letter            no.3188        dated
                                        06.09.2021.
                                                       (II) For a declaration that if
                                        under the instruction issued by the
                                        Government, it was the Engineer of Block
                                        Project Managing Unit, who was alone
                                        competent for grant of technical sanction
                                        for the schemes under Mukhyamantri Gali
                                        Nali and Drinking Water Scheme, no
                                        irregularity      was         committed          by     the
                                        petitioner for framing of charge against
                                        him if the technical sanction granted by
                                        the Junior Engineer concerned.
                                                       (ΠΙ) For issuance of any other
                                        appropriate writ/writs ,order / orders,
                                        direction/directions for which the writ
                                        petitioner would be found entitled under
                                        the facts and circumstances of the case.”


                      3. Learned counsel for the petitioner submits that after
Patna High Court CWJC No.7970 of 2026 dt. 08-07-2026
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         the formation of the State Government following the 2015

         General Elections, two welfare schemes, namely Mukhyamantri

         Gramin Gali Nali Pakkikaran Yojana and Mukhyamantri

         Gramin Pey Jal Nishchay Yojana, were introduced. For their

         implementation, the Panchayati Raj Department issued detailed

         guidelines vide Memo Nos. 5751 and 5752 dated 30.06.2017

         (Annexures-P1 and P2). It is submitted that under Paragraph 4.3

         of the said guidelines, a Block Project Management Unit

         (BPMU), chaired by the Block Development Officer, was

         constituted for implementation of the schemes. The Block

         Panchayati Raj Officer was assigned the role of facilitator, while

         the Assistant Engineer and Junior Engineer of MGNREGA were

         to provide technical support. It is further submitted that the

         Block Project Management Unit was entrusted with granting

         technical sanction to the detailed project reports prepared for

         ward-level schemes.

                         4. Learned counsel further submits that pursuant to

         the aforesaid guidelines, a scheme for Ward No. 1 of Gram

         Panchayat Raj, Barawan, under the Mukhyamantri Gramin Gali

         Nali    Pakkikaran        Yojana,        was   prepared   by   the   Ward

         Implementation and Management Committee after obtaining

         administrative approval from the Mukhiya. The proposal was
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         thereafter forwarded to the Block Project Management Unit for

         technical sanction. Upon grant of technical sanction, the

         petitioner, in his capacity as Chairman of the Block Project

         Management Unit, merely informed the Mukhiya/Panchayat

         Secretary that technical sanction had been accorded and directed

         them to proceed with execution of the work after obtaining the

         requisite No Objection Certificate from the Circle Officer and

         administrative approval of the Gram Panchayat.

                         5. It is further submitted that pursuant to Letter No.

         20 dated 05.01.2021 issued by the District Magistrate, Patna, an

         enquiry was conducted by the District Panchayat Raj Officer

         regarding alleged irregularities committed by the Mukhiya of

         Gram Panchayat Raj, Barawan. The enquiry report was

         submitted vide Letter No. 3188 dated 06.09.2021 (Annexure-

         P3). The report observed that, in view of the Panchayati Raj

         Department's Letter No. 6578 dated 03.12.2018, forwarding the

         estimates to the Block Project Management Unit for technical

         sanction was not in conformity with the departmental

         guidelines, though technical sanction had been granted by the

         petitioner in his capacity as Block Development Officer.

                         6. Learned counsel refers to Letter No. 6578 dated

         03.12.2018 (Annexure-P4) and submits that Paragraphs 6.2 and
Patna High Court CWJC No.7970 of 2026 dt. 08-07-2026
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         7.2 of Memo Nos. 5751 and 5752 dated 30.06.2017 specifically

         contemplated that after administrative approval by the Gram

         Panchayat,       the    Ward      Implementation   and   Management

         Committee would prepare the estimate with the assistance of the

         Technical Assistant and obtain technical sanction from the

         Block Project Management Unit. It is, therefore, submitted that

         the petitioner's communication dated 30.10.2018, stating that

         technical sanction had been granted by the Block Project

         Management Unit, was fully consistent with the prevailing

         guidelines and did not constitute any misconduct.

                         7. Learned counsel further submits that despite the

         enquiry report not disclosing any misconduct on the part of the

         petitioner, show-cause notices dated 11.10.2021 and 24.11.2021

         were issued. Although the petitioner submitted a detailed reply

         denying the allegations, Respondent No. 4, without proper

         consideration of his defence, imposed the minor punishment of

         "censure" vide Memo No. 341 dated 27.01.2023 (Annexure-P5).

         It is further submitted that thereafter Respondent No. 5 preferred

         a complaint before Respondent No. 2 challenging the aforesaid

         action. The matter ultimately culminated in CWJC No. 7866 of

         2025, wherein this Court directed the Additional Chief

         Secretary, Panchayati Raj Department, Government of Bihar, to
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         dispose of the petitioner's representation after granting an

         opportunity of hearing by passing a reasoned and speaking order

         within the stipulated period.

                         8. Learned counsel further submits that although

         the impugned order dated 22.10.2025 (Memo No. 13030,

         Annexure-P8) was purportedly passed in compliance with the

         aforesaid direction, the petitioner was neither issued any notice

         nor afforded an opportunity of hearing. By the said order,

         Respondent No. 2 directed Respondent No. 3 to frame charges

         and initiate departmental proceedings against the petitioner. It

         is, therefore, contended that the impugned order is in gross

         violation of the principles of natural justice and is liable to be

         set aside.

                         9. Learned counsel submits that the entire action is

         founded upon Charge No. 2, which proceeds on the erroneous

         assumption that placing the estimate before the Block Project

         Management Unit was contrary to the departmental guidelines.

         According to the petitioner, the estimates had been prepared by

         the Ward Implementation and Management Committee with the

         assistance of the competent technical personnel and after

         obtaining administrative approval from the Gram Panchayat.

         Technical sanction was granted by the Block Project
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         Management Unit in accordance with Paragraphs 6.2 and 7.2 of

         Memo Nos. 5751 and 5752 dated 30.06.2017. The petitioner

         neither granted the technical sanction in his individual capacity

         nor committed any misconduct. Consequently, initiation of

         departmental proceedings against him is wholly unsustainable in

         law.

                         10. Learned counsel for the State, on the other

         hand, submits that the order dated 22.10.2025 passed by the

         Secretary, Panchayati Raj Department, Government of Bihar,

         Patna (Respondent No. 2), as contained in Memo No. 13030,

         has been passed strictly in accordance with law and does not

         warrant any interference by this Court at this stage. It is

         submitted that the impugned order merely directs the

         constitution of an enquiry and recommends initiation of a

         departmental proceeding against the petitioner.

                         11. Learned counsel further submits that initiation

         of a departmental proceeding against a government servant is

         governed by the CCA Rules, 2005, and at the stage of initiation

         of such proceeding, no prior opportunity of hearing is required

         to be afforded to the delinquent employee.

                         12. After hearing the learned counsel for the parties

         and upon perusal of the materials available on record, it
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         transpires to this Court that the petitioner is aggrieved by the

         operative portion of the impugned order, which reads as follows:

                                                       “foHkkxh; i=kad&269] fnukad&17-
                                      01-2017 }kjk fuxZr fn”kk funs”k ds vuqlkj
                                      eq[;ea=h xzkeh.k xyh ukyh iDdhdj.k fu”p;
                                      ;kstuk ds rgr izfr okMZ O;; dh vf/kdre lhek
                                      12-13 yk[k :i;s fu/kkZfjr dh xbZ gSA

                                                       foÙkh; o’kZ 2016&17 ls 2020&21
                                      ds chp inLFkkfir RkRdkyhu iz[kaM fodkl
                                      inkf/kdkjh] iquiqu }kjk mDr lhek ls vf/kd jkf”k
                                      ds fy, rduhdh Lohd`fr iznku djus ds fy,
                                      iz[kaM fodkl inkf/kdkjh l{ke izkf/kdkj ugha gSaA
                                      muds }kjk vius vf/kdkj {ks= ds brj fdu
                                      ifjfLFkfr;ksa esa ,oa fdl izkf/kdkj ds lgefr ls
                                      rduhdh Lohd`fr iznku dh x;h] ;h tkaWap dk
                                      fo’k; gSA

                                                       7- vr,o rRdkyhu ftyk iapk;y
                                      jkt inkf/kdkjh ds i=akd&3388] fnukad&06-09-
                                      2021 es nks’kh Ikk;s x;s lacaf/kr iz[kaM fodkl
                                      inkf/kdkjh ds fo:/k tokcnsgh r; djrs gq,
                                      vkjksi i= xfBr dh tk, ,oa lacaf/kr foHkkx dks
                                      vuq”kklfud dkjZokbZ gsrq vuq”kalk dh tk, rFkk
                                      vuqikyu izfrosnu iapk;rh jkt foHkkx dks miyC/k
                                      djk;h tk,A okn dh dkjZokbZ bl funs”k ds lkFk
                                      lekIr dh tkrh gSA vkns”k dh izfr lHkh lacaf/kr
                                      dks Hksth tk;sA”

                         13. Upon a plain reading of paragraphs 6 and 7, as

         quoted hereinabove, it transpires that the Secretary, Panchayati

         Raj Department, Government of Bihar, Patna, has concluded
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         that the issues involved in the present matter require a detailed

         enquiry and that responsibility is required to be fixed.

         Accordingly, directions have been issued for framing of charges

         and for taking appropriate steps towards initiation of a

         departmental proceeding against the petitioner.

                         Rule 17(2) of the Bihar Government Servants

         (Classification, Control and Appeal) Rules, 2005, reads as

         follows:

                                                        “(2)         Wherever       the
                                       disciplinary authority is of the opinion that
                                       there are grounds for inquiring about the
                                       truth of any imputation of misconduct or
                                       misbehaviour        against     a   government
                                       servant, he may himself inquire into it, or
                                       appoint under these Rules an authority to
                                       inquire about the truth thereof.

                                                        [Provided that where the
                                       Department       Enquiry      Commissioner    is
                                       appointed as inquiring authority in such
                                       cases      the      Departmental         Enquiry
                                       Commissioner either himself conduct the
                                       inquiry or may transfer the case of enquiry
                                       to the Additional Departmental Enquiry
                                       Commissioner. In the matter of such
                                       transferred cases of enquiry the Additional
                                       Departmental Enquiry Commissioner may
                                       forward the records of enquiry along with
                                       Enquiry report directly to the Disciplinary
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                                       Authority.]

                                                       Explanation. - Where the
                                       disciplinary authority himself holds the
                                       inquiry, any reference in sub-rule (7) to
                                       sub-rule (20) and in sub-rule (22) of this
                                       Rule to the inquiring authority shall be
                                       construed as a reference to the disciplinary
                                       authority.”

                         14. A bare reading of Rule 17(2) of the CCA Rules,

         2005 makes it evident that, at the stage of initiation of a

         departmental proceeding, the satisfaction of the competent

         disciplinary authority is sufficient. In the present case, the

         superior authority has merely recommended to the competent

         department that appropriate action be taken against the

         petitioner by initiating a departmental proceeding. Such

         recommendation, by itself, does not amount to initiation of the

         disciplinary proceeding.

                         15. In accordance with law, the petitioner shall be

         entitled to an opportunity of hearing only after the competent

         disciplinary/appointing authority, upon being satisfied, decides

         to initiate a departmental proceeding in terms of the CCA Rules,

         2005. Until such decision is taken by the competent authority,

         no legal right of the petitioner can be said to have been

         infringed.
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                                      16. For the aforesaid reasons, this Court is not

                      inclined to interfere with the impugned order.

                                      17. Accordingly, the present writ petition stands

                      dismissed.


                                                  (Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE                22.06.2026
Uploading Date          09/07/2026
Transmission Date       NA


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