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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Appellate Authority’s order is in full compliance with the High Court’s directions and is therefore valid.

Summary

Santosh Kumar, a Revenue Clerk, was compulsorily retired by the District Magistrate, Jehanabad, and the order was affirmed by the Appellate Authority. The High Court, in CWJC No. 318 of 2021, quashed both the disciplinary and appellate orders and remanded the matter to the Appellate Authority to reconsider a punishment less severe than retirement. The Appellate Authority issued a fresh order on 01‑02‑2024 reducing the petitioner’s pay scale and addressing his entitlement for the period from the charge memo to the fresh order. The petitioner challenged this order, alleging non‑compliance with the High Court’s directions. The Court examined the earlier judgment, found that the appellate authority had fully complied with the mandated reconsideration and entitlement provisions, and therefore dismissed the writ petition.

Issues considered

  • Whether the order dated 01‑02‑2024 passed by the Appellate Authority complies with the High Court’s directions to impose a punishment less than compulsory retirement.
  • Whether the petitioner is entitled to reinstatement or any other relief after the quashing of the original and appellate orders.

Subjects

  • compulsory retirement
  • disciplinary action
  • service appeal
  • reinstatement
  • punishment
  • appellate authority
  • high court writ
  • compliance

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8272 of 2024
                 ======================================================
                 Santosh Kumar Son of Late Laxmi Narayan Singh, Resident of Gram
                 Anandibag, P.O - Karpi, P.S.- Karpi, District- Arwal, Bihar, Pin Code-
                 804419.
                                                                              ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Principal Secretary, Department of Revenue and Land Reforms, Govt.
                 of Bihar, Patna.
           3.    The Commissioner, Magadh Division Gaya, cum Appellate Authority.
           4.    The District Officer, Jehanabad, P.O.- Jehanabad, District- Jehanabad-cum-
                 Disciplinary Authority.
           5.    The Deputy Collector, in-charge Establishment Section, Collectoriate,
                 Jehanabad.
           6.    The Additional Collector cum Enquiry Officer, Jehanabad, District-
                 Jehanabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Subhash Patel, Advocate
                 For the Respondent/s   :        Mr. Navnit Kumar, AC to GP-18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   17-02-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. Learned counsel for the petitioner submits that the

                   petitioner has challenged the order dated 01.02.2024 passed by

                   the Commissioner, Magadh Division, Gaya-cum-Appellate

                   Authority in Service Appeal No. 99 of 2015, annexed as

                   Annexure-P/12, and has further prayed for reinstatement to the

                   post of Revenue Clerk (Karamchari) as a Government employee

                   with all consequential benefits to which he is entitled, after

                   setting aside the order contained in Annexure-P/12 to this writ

                   petition.
Patna High Court CWJC No.8272 of 2024(2) dt.17-02-2026
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                      3. Learned counsel for the petitioner fairly submits

          that, in a departmental proceeding, the petitioner was punished

          with compulsory retirement vide order dated 11.12.2014 issued

          by the District Magistrate, Jehanabad. Subsequently, the

          petitioner moved before the Appellate Authority, and the

          Appellate Authority, vide its order dated 10.06.2020, affirmed

          the order of punishment passed by the Disciplinary Authority.

          The punishment imposed was that of compulsory retirement.

                      4. Counsel further submits that the petitioner

          challenged both the aforesaid orders before this Hon’ble Court

          in CWJC No. 318 of 2021, wherein, vide order dated

          12.09.2023, this Hon’ble Court set aside both the orders passed

          by the Disciplinary Authority dated 11.12.2014 as well as the

          order passed by the Appellate Authority dated 10.06.2020, by

          which the order of compulsory retirement had been affirmed.

                      5. Counsel further submits that since the order of

          compulsory retirement, both original and appellate, stood

          quashed, the Appellate Authority was required to pass a fresh

          order after considering the entire material on record, which it

          has failed to do. According to him, the order impugned herein

          has been passed upon remand of the case in compliance with the

          order dated 12.09.2023 passed in CWJC No. 318 of 2021.
Patna High Court CWJC No.8272 of 2024(2) dt.17-02-2026
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                      6. Counsel further submits that in the impugned order

          dated 01.02.2024, none of the points were considered, inasmuch

          as both the original and appellate orders had been quashed. He

          submits that the order passed by the Commissioner, Magadh

          Division, Gaya-cum-Appellate Authority is bad in law.

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

          submits that there is no need of any interference in the said

          order. He further submits that although the order of compulsory

          retirement contained in the order dated 11.12.2014 and the

          appellate order dated 10.06.2020 have been quashed, the matter

          was remanded back only for reconsideration on the point of

          suitable punishment, which was instructed to be considered as

          less than compulsory retirement to be imposed on the petitioner.

                      8. Counsel further submits that in the impugned order

          dated 01.02.2024 passed in Service Appeal No. 99 of 2015, the

          directions contained in the Hon’ble Court’s order dated

          12.09.2023 passed in CWJC No. 318 of 2021 have been

          complied with in their true spirit and sense, and hence there is

          no need of any interference.

                      9. Having regard to the submissions advanced and

          upon perusal of the record, it is necessary to examine the order

          passed by this Hon’ble Court in the case of petitioner Santosh
Patna High Court CWJC No.8272 of 2024(2) dt.17-02-2026
                                            4/6




          Kumar vs. The State of Bihar & Ors., in CWJC No. 318 of

          2021, dated 12.09.2023. In the said order, this Hon’ble Court

          has been pleased to consider each and every aspect of the matter

          relating to the delinquent petitioner and has observed, in two

          paragraphs, what the Appellate Authority is required to do. The

          said paragraphs are as follows:-

                                                         24. The order of compulsory
                                          retirement dated 11-12-2014 issued by
                                          the District Magistrate, Jehanabad
                                          (Respondent No.4), as contained in
                                          Annexure-6 to the writ petition is,
                                          therefore, quashed. The order of the
                                          appellate authority dated 10-06-2020
                                          (Annexure-10)           affirming      the
                                          disproportionate order of punishment
                                          must also collapse and is hereby
                                          quashed.
                                                         25. The matter is remanded
                                          to       the       Appellate     Authority
                                          (Respondent No.3) for reconsideration
                                          on the point of suitable punishment,
                                          less than compulsory retirement to be
                                          imposed on the petitioner. The Count
                                          is of the opinion that the Respondent
                                          No.3 should also pass order on
                                          entitlement of the petitioner for the
                                          period from the date of charge memo
                                          till passing of fresh order within eight
Patna High Court CWJC No.8272 of 2024(2) dt.17-02-2026
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                                          (08)     weeks   from   the   date   of
                                          receipt/production of a copy of this
                                          order.
                        10. Upon perusal of the order passed by this Hon’ble

          Court in CWJC No. 318 of 2021 dated 12.09.2023, as well as

          the impugned order, it transpires to this Court that the Hon’ble

          Court quashed both the original order as well as the appellate

          order, but restricted the Appellate Authority to reconsider the

          matter only on the point of suitable punishment, which must be

          less than compulsory retirement to be imposed upon the

          petitioner.

                        11. The observation made in paragraph 25 of the

          aforesaid writ petition clearly indicates that the finding of guilt

          on the point of charge was affirmed by the Hon’ble Court.

          Therefore, this Court is of the opinion that the Appellate

          Authority, in its order dated 01.02.2024, has rightly observed

          that the charge stood proved, as discussed in the Hon’ble

          Court’s order and the remand was limited only to the aspect of

          punishment. The Hon’ble Court had directed reconsideration

          solely on the point of suitable punishment less than compulsory

          retirement

                        12. In true compliance thereof, the Appellate

          Authority has passed an order whereby the punishment of
         Patna High Court CWJC No.8272 of 2024(2) dt.17-02-2026
                                                     6/6




                   compulsory retirement has been removed and only punishment

                   of lowering of pay scale has been passed. Similarly, the second

                   direction, i.e., regarding the entitlement of the petitioner for the

                   period from the date of charge memo till passing of fresh order

                   within eight (08) weeks from the date of receipt / production of

                   a copy of this order has also been complied with.

                               13. Therefore, for the aforesaid reasons, this Court is

                   of the firm view that the order passed by the Hon’ble Writ Court

                   has been fully complied with by the Appellate Authority and

                   there is no need of any interference.

                               14. Accordingly, the present writ petition stands

                   dismissed.



                                                                  (Dr. Anshuman, J.)


Aman Kumar/-

U


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