Patna High Court
Shyamjee Kumar VermaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The petition was dismissed as the final order of punishment had been passed, but the petitioner was allowed to challenge the punishment separately.
Summary
Shyamjee Kumar Verma filed a writ petition in the Patna High Court seeking to set aside the initiation of a departmental proceeding (Memo No. 767 dated 31.07.2021) under the C.C.A. Rules, 2005. He contended that the proceeding, which appointed an Additional Collector as Conducting Officer and a Block Development Officer as Presenting Officer, should be quashed. While the petition was pending, the department issued a final order of punishment against the petitioner. The Court observed that since a final punitive order had already been passed, the writ petition could not be entertained to overturn the initiation of the proceeding. Consequently, the Court disposed of the petition, granting the petitioner liberty to challenge the punishment through the appropriate legal remedy.
Issues considered
- Whether a writ petition can be entertained to set aside the initiation of a departmental proceeding after a final order of punishment has been passed.
Subjects
- departmental inquiry
- writ jurisdiction
- C.C.A. Rules 2005
- administrative law
- punishment order
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.799 of 2022
======================================================
Shyamjee Kumar Verma Son of Sri Shivendra Nath Verma, Resident of Ward
No. 28, Behind Pankaj Cinema, Eastern Dahiyawan, Butan Bari Garh, P.S. -
Dahiyawan, District - Saran, PIN Code - 841301 (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Rural Development
Department, Government of Bihar, Patna.
2. The District Magistrate, Saran at Chapra.
3. The Establishment Deputy Collector, Saran at Chapra.
4. The Block Development Officer, Baniyapur, District - Saran (Bihar).
5. The District Supply Officer, Saran at Chapra (Bihar).
6. The Senior Deputy Collector, Disaster Management Section, Collectorate,
Saran at Chapra (Bihar).
7. The Sub Divisional Officer, Sadar Chapra, District - Saran (Bihar).
8. The Sub Divisional Officer, Madhourah, District - Saran (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Narayan Mishra, Advocate
For the Respondent/s : Mr. Vikash Kumar (SC-11)
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 16-03-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief (s) :-
“1. That this is an application for issuance of an
appropriate writ / order / direction for setting
aside the initiation of the Departmental
Proceeding against the Petitioner vide Memo No.
767 dated 31.07.2021 (including the Memo of
Charges) in Preforma-'K' issued by the District
Magistrate whereby he appointed the Additional
Collector (Departmental Enquiry), Saran as the
Patna High Court CWJC No.799 of 2022(3) dt.16-03-2026
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Conducting Officer and the Block Development
Officer, Baniyapur as the Presenting Officer and
directed them to conclude the proceeding within
the stipulated period as per the provisions of the
C.C.A. (C.C.A) Rules 2005.”
3. Learned counsel for the petitioner submits that
during pendency of the instant application, final order of
punishment has been passed in the departmental proceeding.
4. In view of the final order of punishment having
been passed, the instant application is disposed of with liberty to
the petitioner to challenge the same in accordance with law.
(Partha Sarthy, J)
Shiv/-
U
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