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Patna High Court

Anil Prasad SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed, and the petitioner is directed to participate in the departmental proceeding.

Summary

The petitioner, Anil Prasad Singh, filed a writ petition seeking certiorari to quash a departmental proceeding order and a memo of charge, alleging they were issued without substantive evidence, and also sought a mandamus to stay the proceeding. The State argued that a counter‑affidavit had been filed, the charge memo was not defective, and the petitioner, while serving as Panchayat Sachiv, had committed serious financial irregularities justifying disciplinary action. The court examined the charge memo but declined to assess its merits, directing the petitioner to participate in the departmental enquiry and raise his grievances before the conducting officer. The court ordered the departmental proceeding to be concluded within three months. Consequently, the writ petition was dismissed.

Issues considered

  • Whether the departmental proceeding initiated against the petitioner can be quashed for lack of substantive evidence
  • Whether the memo of charge framed against the petitioner is violative of law and thus liable to be set aside
  • Whether a writ of mandamus can be issued to stay the departmental proceeding pending the outcome of the writ petition

Subjects

  • departmental proceedings
  • certiorari
  • mandamus
  • civil service disciplinary action
  • Bihar government
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8600 of 2024
                 ======================================================
                 Anil Prasad Singh Son of late Ram Ekwal Singh R/O Vill. Garihar, Police
                 Station - Masaudhi in the district of Patna.
                                                                          ... ... Petitioner/s
                                                       Versus
           1.     The State of Bihar Through Its Principal Secretary, Rural Development
                  Govt. of Bihar Patna.
           2.    The Secretary, Panchayati Raj, Govt. of Bihar Patna.
           3.    The Deputy Collector Cum Conducting Officer, Departmental Proceedings,
                 Patna.
           4.    The Block Development officer Naubatpur.
           5.    The Deputy Development Commissioner, Patna.
           6.    The Block Development Officer, Punpun, Patna.
           7.    The Subdivisional Officer Mashaurhi, Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Sanjeev Kumar, Advocate
                 For the State          :       Mr. Kinkar Kumar (SC-9)
                                                Mr. Yogesh Kumar (AC to SC-9)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   03-02-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. The present writ petition has been filed for issuance

                   of an appropriate writ/writs, order/orders, direction/directions

                   for the following relief/s:-

                                              “I. To issue a writ in the nature of
                                              certiorari to quash the order vide Memo
                                              no. 94 dated 08/01/2024 issued under
                                              signature of District Magistrate, Patna
                                              whereby and whereunder departmental
                                              proceeding was initiated against the
                                              petitioner    without     any     substantive
                                              evidence.
Patna High Court CWJC No.8600 of 2024(2) dt.03-02-2026
                                            2/3




                                       II. Also for issuance of a writ in the
                                       nature of certiorari to quash the memo
                                       of charge dated 06.01.2024 framed
                                       against the petitioner in course of
                                       departmental proceeding.
                                       III. Also for issuance of a writ in the
                                       nature of mandamus commanding the
                                       respondent to stay the departmental
                                       proceeding against the petitioner till the
                                       disposal of present writ application.
                                       IV. For any other relief/reliefs for which
                                       petitioner is found entitled in the eye of
                                       law. ”


                      3. Learned counsel for the petitioner submits that the

          memo of charge framed against the petitioner is not in

          accordance with law and therefore, the same should be set aside.

          Counsel further submits that the departmental proceeding has

          been initiated without any substantive evidence and therefore,

          the said proceeding be also stayed.

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

          submits that the counter affidavit has been filed. Counsel

          submits that the petitioner has challenged the memo of charge

          but, he is not supporting in the enquiry proceeding. Counsel

          submits that Prapatra-Ka is not defective. He further submits

          that the petitioner was posted as Panchayat Sachiv, Punpun at
             Patna High Court CWJC No.8600 of 2024(2) dt.03-02-2026
                                                         3/3




                       the relevant period of time and he was found to have committed

                       serious financial irregularities and also violated the guidelines

                       issued by the department. It is due to this reason, the

                       disciplinary authority viz, the District Magistrate has decided to

                       initiate the departmental proceeding against the petitioner. He

                       also submits that in the said departmental proceeding, the

                       Additional District Magistrate, Departmental Enquiry, Patna has

                       been appointed as the Conducting Officer and the Block

                       Development Officer, Punpun as the Presenting Officer.

                                   5. From perusal of Prapatra-Ka, it transpires that

                       there is an allegation against the present petitioner. As such, this

                       Court without entering into the merit or demerit of the charge

                       memo, directs the petitioner to participate in the departmental

                       proceeding and raise all his grievances before the Enquiry

                       Officer. It is hereby directed to conclude the proceeding, within

                       three months.

                                   6. Accordingly, this writ petition stands dismissed.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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