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Patna High Court

Navnit KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court held that the disciplinary proceedings were conducted in accordance with the procedure prescribed in Annexure‑P/13 and not under the Bihar CCA Rules, 2005, and therefore declined to interfere, dismissing the writ petition.

Summary

The petitioner, Navnit Kumar, a contractual Panchayat Rozgar Sevak, challenged the termination of his service on the ground that the disciplinary proceedings were not in accordance with the Bihar Classification, Control & Appeal Rules, 2005 and were beyond the authority of the respondents. He alleged that the complaints against him were politically motivated and that the procedural safeguards, such as appointment of enquiry and presenting officers, were not observed. The State contended that the action was taken under the specific procedure outlined in Annexure‑P/13 dated 25‑03‑2022, which governs disciplinary action for contractual employees, and that the proceedings were lawful. The High Court examined the records, noted that all three authorities (original, appellate and revisional) arrived at consistent findings, and held that the procedure under Annexure‑P/13, not the Bihar CCA Rules, applied and had been duly followed. Consequently, the Court declined to interfere with the factual findings and dismissed the writ petition.

Issues considered

  • Whether disciplinary action against a contractual Panchayat Rozgar Sevak can be taken under Annexure‑P/13 rather than the Bihar CCA Rules, 2005.
  • Whether the procedural requirements of Bihar CCA Rules, 2005, apply to a contractual employee in the MGNREGA scheme.
  • Whether the termination order passed by the Deputy Development Commissioner is jurisdictionally valid.
  • Whether the appellate and revisional authorities erred in upholding the termination.

Subjects

  • contractual employee
  • disciplinary proceedings
  • MGNREGA
  • Bihar CCA Rules 2005
  • termination of service
  • certiorari
  • mandamus
  • administrative law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.8158 of 2025
     ======================================================
     Navnit Kumar S/o Late Krishna Mohan Prasad, R/o village- Line Par-
     Mirzapur, Gali No. - 3, P.O. and P.S. - Nawada, District- Nawada- 805110.
                                                                  ... ... Petitioner/s
                                         Versus
1.    The State of Bihar through the Chief Secretary, Government of Bihar, Old
      Secretariat, Patna, Bihar.
2.   The Secretary, Department of Rural Development, Government of Bihar,
     Patna.
3.   The Commissioner, Mahatma Gandhi National Rural Employment
     Guarantee Scheme (MGNREGA)-cum-Chief Executive Officer, Bihar Rural
     Development Society, Bihar, Patna.
4.   The District Rural Development Authority, Jehanabad.
5.   The District Magistrate, Jehanabad.
6.   The Deputy Development Commissioner (D.D.C.), D.R.D.A., Jehanabad.
7.   The Programme Officer, MGNREGA, Kako, Jehanabad.
8.    Sudhir Kumar, Son of Late Raja Ram Singh, Aged about - not known,
      Resident of - village- Ramdani, Circle- Kako District- Jehanabad, Bihar.
                                                                ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr. Amit Pandey, Advocate
     For the Respondent/s   :        Mr. Government Pleader (19)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                     ORAL JUDGMENT
      Date : 20-04-2026

                     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 an order (s) / direction
                                (s) or writ(s) in the nature of writ of
                                certiorari for quashing the order dated
                                27.10.2023 contained in memo no 2242797
                                dated 03.11.2023 passed in Revision Appeal
                                arising out of departmental letter No-
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                                  2007870 dated 21.08.2023 whereby and
                                  whereunder the Revision appeal of the
                                  petitioner      has     been      rejected     by     the
                                  Secretary,          Department            of        Rural
                                  Development, Bihar, Patna and also to
                                  quash/set aside the order arising out of
                                  Panchayat Rozgar Service Appeal Case No.
                                  66/D.M./2022 dated 28.03.2023 passed by
                                  learned District Magistrate, Jehanabad
                                  whereunder the Learned District magistrate
                                  rejected the said Panchayat Rozgar Service
                                  Appeal and also to set aside/quash the
                                  purported order passed by the Deputy
                                  Development           Commissioner,        Jehanabad
                                  vide his order contained in letter no. 1863
                                  dated 10.10.2022 whereby and whereunder
                                  the D.D.C., Jehanabad cancelled the
                                  contract of the petitioner, Panchayat Rojgar
                                  Sevak (ID No. 113959), Gram Panchayat
                                  Pinjora and his services are terminated.
                                  And/or
                                  II. For issuance of further order(s) /
                                  direction(s) or writ(s) in the nature of
                                  Mandamus directing the Respondents to
                                  reinstate the petitioner in the service of
                                  Panchayat Rojgar Sevak without any
                                  further      delay     with    all    consequential
                                  benefits. And/or
                                  III.   For      necessary      direction       to     the
                                  respondents         authorities      to    grant      all
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                                  consequential benefits to the Petitioner,
                                  such as the salary for the period the
                                  petitioner remained terminated from service
                                  and the benefit of increment for which the
                                  petitioner became entitled during the period
                                  from 10.10.2022 till date.
                                  IV. A direction be issued upon the
                                  respondent authorities, each one of them,
                                  their servants and/or subordinates and/or
                                  agents to forthwith produce and/or caused
                                  to be produced the entire records relating to
                                  the    Petitioner's    case   and     on    such
                                  production          being     made,        render
                                  conscionable justice upon perusing the
                                  same; And/or
                                  V. For issuance of any further order (s) /
                                  direction (s) or writ(s) which this Hon'ble
                                  Court may deem fit and proper in the facts
                                  and circumstances of the instant case.”


                         3. Learned counsel for the petitioner submits that

         the petitioner was appointed as Panchayat Rozgar Sevak vide

         order contained in Memo No. 675 dated 03.04.2008 on contract

         basis and he has submitted his joining at Banwariya Panchayat,

         Block- Narkatiyaganj, District- West Champaran. Subsequently,

         the petitioner was transferred from West Champaran to

         Jehanabad. The service record of the petitioner was satisfactory
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         and he was sincerely discharging his duty with full devotion and

         dedication. Counsel submits that one politically motivated

         person namely, Sudhir Kumar (Respondent no.8) has filed the

         complaint against the petitioner that he is a visually impaired

         person and Rs. 2,940/- has been credited in his account in lieu of

         working under MGNREGA Scheme. He further submits that

         due to dirty village politics, several complaints were filed

         against the petitioner. One of the complaint case made by

         respondent no.8 that he is a visually impaired person and Rs.

         2,940/- has been credited in his account in lieu of work under

         MGNREGA Scheme. He further complained that after the

         money was credited in his account, contractor came to his house

         and demanded the said money and told that the money for the

         drain digging work done under MGNREGA Scheme has been

         sent to his account. When he refused to return the money, he

         was badly abused. Thereafter, he spoke to Panchayat Rozgar

         Sevak (the petitioner) and further alleged to have been admitted

         his fault and asked him to keep the money. Counsel further

         submits that again on 11.07.2022, the complainant respondent

         again made a complaint to the District Magistrate and in lieu

         thereof, enquiry was set up handed over to the respondent no. 6

         (D.D.C.). Upon enquiry, the petitioner was found guilty and
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         subsequently, the Appointing Authority has passed order. The

         matter was travelled up to appeal and then revision, but the

         order of punishment has been affirmed.

                         4. Learned counsel for the petitioner further

         submits that the order was made to the petitioner to make

         payment of Rs. 2,940/- to the complainant which he has paid.

         But, even thereafter, the Disciplinary Authority, the Appellate

         Authority and the Revisional Authority, all have decided the

         case against the petitioner and his contract was terminated.

         Counsel submits that Annexure-P/13 is the Letter No. 196 dated

         25.03.2022 issued by the Rural Development Department, Govt.

         of Bihar for Bihar Rural Development Society. The procedure

         for taking disciplinary action against the BRDS employee and

         officers has been described in clause 3. Counsel submits that

         action has been taken in gross violation. He also submits that the

         punishment prescribed under the said clause has not been

         imposed, rather, a non-jurisdictional order has been passed

         which ought to be set aside and the punishment only imposing

         Rs. 1,000/- cost or filing FIR can be imposed, but termination

         cannot be made. Therefore, he submits that the order has been

         passed beyond jurisdiction. Counsel also submits that according

         to the procedure/rule, whatever be the show cause he has
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         submitted, the concerned authority neither at the level of

         Original Authority nor at the level of Appellate Authority and

         nor at the level of Revisional Authority have considered the

         representation filed by the petitioner. Counsel, therefore,

         submits that all the three orders impugned are bad in law and be

         set aside. He further submits that neither any Enquiry Officer

         was appointed nor Presenting Officer was appointed nor any

         evidence taken place on the charge and the petitioner was

         punished.

                         5. Learned counsel for the State, on the other hand,

         submits that admittedly, the petitioner is a contractual employee

         and his term of contract is already mentioned in the appointment

         letter. Though, certain protection has been given which is

         mentioned in Annexure-P/13 i.e. Letter No. 196 dated

         25.03.2022. Counsel further submits that whatever be the action

         taken against the petitioner has been taken completely in

         accordance with law. He submits that against the petitioner,

         there were two allegations. First is the allegation of money and

         second allegation is that he has taken a work for which, actually

         no work was done. But only on paper, the money has been

         taken.

                         6. Upon perusal of the record, it transpires to this
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         Court that the petitioner is a contractual employee and for taking

         disciplinary action against the contractual employee, Annexure-

         P/13 i.e. Letter No. 196 dated 25.03.2022 has been annexed. An

         extract of the said letter is scanned below:-
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                         7. It transpires from the orders impugned that the

         explanation has been placed before the petitioner on which he
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         has replied. The allegation of the petitioner that Bihar

         Government Servants (Classification, Control & Appeal) Rules,

         2005 (hereinafter referred to as ‘Bihar CCA Rules, 2005’) has

         not applied here in the present case, this Court is completely

         disagree, as the petitioner is not protected under the Bihar CCA

         Rules 2005. It also transpires to this Court that for the protection

         of the petitioner from the departmental proceeding, Annexure-

         P/13 is very much relevant in which the Original Authority is the

         Deputy Development Commissioner, Jehanabad, the Appellate

         Authority is the District Magistrate, Jehanabad and the

         Revisional Authority is the Secretary, Department of Rural

         Development, Bihar, Patna.

                         8. The petitioner has challenged the order of the

         Original Authority contained in Memo No. 1863 dated

         10.10.2022 (Annexure-P/7) passed by the D.D.C. Jehanabad. The

         order passed by the Disciplinary Authority i.e. D.D.C. Jehanabad

         is a well reasoned order which also indicates that liberty of filing

         appeal has been granted within 30 days. Thereafter, the petitioner

         filed the appeal and his appeal was rejected vide order dated

         28.03.2023 (Annexure-P/9). Thereafter, the petitioner filed a

         revision which was also rejected vide order dated 27.10.2023

         (Annexure-P/11). From the revisional order, it transpires that

         whatever be the point the petitioner has raised, has been taken
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                      care of and accordingly, revisional order has been passed by the

                      Revisional Authority.

                                      9. This Court finds that there are concurrent findings

                      by all the three authorities/courts against the petitioner. Being the

                      High Court, this Court hereby declines to interfere in the

                      concurrent findings by all the three authorities at the factual

                      matrix. So far as the law is concerned i.e. rule contained in

                      Annexure-P/13, where, how the disciplinary proceeding shall be

                      conducted has already been indicated in clause 3. It transpires to

                      this Court that the proceeding laid down under clause 3 is not the

                      proceeding under Bihar CCA Rules, 2005. It is something

                      different and from the orders impugned, this Court finds that the

                      procedure which has to be taken under clause 3 of Annexure-

                      P/13 has been followed.

                                      10. Hence, this Court is not inclined to interfere in

                      the factual matrix and accordingly, this writ petition stands

                      dismissed.


                                                                   (Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE                      NA
Uploading Date              22/04/2026
Transmission Date             NA


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