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Patna High Court

Shri Arun Kumar IIversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court held that the disciplinary authority’s findings were not perverse or unsupported and the penalty was not strikingly disproportionate, thus the petition seeking to set aside the suspension and penalty must fail.

Summary

Shri Arun Kumar‑II, a District & Additional Sessions Judge, was suspended for alleged unauthorized absence during the COVID‑19 period and was penalised with stoppage of two increments. He contended that his leave applications were rejected despite medical illness and that the disciplinary inquiry was based on conjecture, seeking relief including setting aside the suspension and penalty. The High Court examined the departmental inquiry report, the Governor’s order under Section 20 of the Bihar Judicial Services Rules, and relevant Supreme Court precedents on proportionality and judicial review. It held that the punishment was not strikingly disproportionate and that the court’s jurisdiction under Article 226 does not extend to re‑appraising the evidence of the disciplinary authority. Consequently, the writ petition was dismissed, leaving the suspension and penalty intact.

Issues considered

  • The legality of the suspension and penalty imposed on a judicial officer for alleged unauthorized absence.
  • Whether the disciplinary authority’s findings were perverse, unsupported by evidence, or violative of natural justice.
  • Whether the punishment of stoppage of two increments is strikingly disproportionate to the misconduct.
  • Scope of judicial review under Article 226 in departmental disciplinary matters.

Legislation cited

Subjects

  • disciplinary proceedings
  • departmental inquiry
  • natural justice
  • proportionality
  • judicial service
  • POCSO Act
  • Article 226
  • review petition
  • increment stoppage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8698 of 2025
                 ======================================================
                 Shri Arun Kumar II Son of Sri Prem Chand, Resident of 183/10, Band Gali
                 near Aggarwal Dharamshalla, P.S. Samana, District Patiala, Punjab, at present
                 psoted as District and Additional Sessions Judge- V, Civil Courts, Begusarai,
                 Pin Code- 851101, Bihar.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, General Administration, Government of Bihar,
                 Patna.
           3.    The Registrar General, Patna High Court, Patna, Bihar.
           4.    The Registrar (Administration), Patna High Court, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr.Gaurav Kumar
                 For the State           :     Mr. Vikash Kumar, Standing Counsel (11)
                 For Administrative Side :     Mr. Piyush Lal, Advocate
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   12-03-2026                   The petitioner, Shri Arun Kumar-II has filed this writ

                   petition seeking for following reliefs:-

                                                i) To set aside the order dated
                                                29.10.2024 passed by the Hon'ble
                                                Governor, Bihar in Misc. Case No. 09
                                                of 2024 filed by petitioner namely Arun
                                                Kumar-II, for review U/S 20 of Bihar
                                                Judicial      Services      (Classification,
                                                Control and Appeal) Rules 2020 for
                                                setting aside the order of punishment
                                                bearing No. 9009/2024 Legal Cell
                                                dated 07.02.2024 imposed the penalty
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                                          of stoppage of two increments with
                                          cumulative     effects   and     order   dt.
                                          17.02.2024 of Appointment Section
                                          passed by the Hon'ble High Court,
                                          Patna after completion of departmental
                                          proceeding against the petitioner.
                                          ii) And further be pleased to set aside
                                          the order bearing no. 9009/2024/ Legal
                                          Cell dated 07.02.2024 imposed the
                                          penalty of stoppage of two increment
                                          with cumulative effects and order dt.
                                          17.02.2024 of Appointment Section to
                                          the extent that he will be entitled to
                                          subsistence allowance only for the said
                                          period which has already been paid,
                                          passed by the Hon'ble High Court,
                                          Patna without considering the all facts
                                          and circumstances of the whole episode
                                          with regard to the petitioner, though he
                                          had raised the irregularities which was
                                          occurred       during          departmental
                                          proceeding conducted by the Inquiry
                                          Officer during whole proceeding.
                                          iii) Petitioner may be given full salary
                                          alongwith all allowances, benefits and
                                          consequential reliefs of suspension
                                          period till his revocation of suspension
                                          by the respondent dated 17.02.2024
                                          vide memo no. 11228 by the Patna High
                                          Court.
                                          iv) Further respondent be directed to
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                                          grant leaves as per Bihar Service code
                                          to the petitioner from 24.08.2021 to
                                          10.06.2022 in the light of leave
                                          application of petitioner submitted on
                                          17.06.2022 and other pending leaves.
                                          v) To declare the order of suspension
                                          dated 19.05.2022 and the said period
                                          from 19.05.2022 to 16.02.2024 as null
                                          and void, inoperative and against the
                                          law and rule and in violation of
                                          principle of natural justice and in the
                                          violation of guidelines / law laid down
                                          by the hon'ble Apex Court of India in a
                                          case of Ajay Kumar Chaudhary Vs.
                                          Union of India.
                                          vi) Any other relief/ reliefs may be
                                          granted to the petitioner as per the law
                                          of the land.
                      2. It is the case of the petitioner that he was posted at

          Begusarai in the capacity of District & Additional Sessions

          Judge-V, Begusarai, Bihar and during the period of Covid-19, he

          was posted as Special Judge, POCSO at Katihar. He submitted a

          leave application on 13.08.2021 for casual leave for five days

          and simultaneously sought for permission to leave the

          headquarters to visit his home. It is the further case of the

          petitioner that while he was at his home in Punjab, he felt

          serious breathlessness, weakness, fever and depression etc. and
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          he got treated by the doctors, who suggested him complete rest

          and precautions and, therefore, he had no option at that time to

          come to the headquarters for joining the duty. However, he

          intimated to the learned District and Sessions Judge, Katihar,

          regarding his inability to join his duty vide mail dated

          24.08.2021. However, he received a communication from the

          Authority that his application has been rejected for extension of

          leave and then he received an intimation on 21.05.2022 through

          email from the District Judge, Katihar regarding his suspension.

                      3. It appears that in the disciplinary proceeding the

          following charges were framed which are as follows:-

                                          “Article of Charge framed against Sri
                                          Arun Kumar-II, Additional District
                                          and Sessions Judge, Katihar (under
                                          suspension)
                                                         Sri        Arun         Kumar-II,
                                          Additional District and Sessions Judge-
                                          VI,     Katihar       while      functioning    as
                                          Special Judge, POCSO Act, Katihar,
                                          since 24.08.2021 till date has remained
                                          absent from his station and duty in an
                                          unauthorized              manner         without
                                          permission,          as   also     without     any
                                          application for leave and that too
                                          despite and opportunity with direction
                                          to apply for leave, and has also
                                          continued to retain charge of his said
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                                          Court and office since 19.05.2022 till
                                          date in an unauthorized manner in
                                          violation of specific directions issued to
                                          him vide Orders bearing memo Nos.
                                          30314 dated 19.05.2022 and 138/2022
                                          dated 20.05.2022 to make over the
                                          same immediately on his suspension
                                          and in turn overburdening the incharge
                                          Judicial Officer of his Court during the
                                          entire period of ten months from
                                          24.08.2021 till date.
                                                         The     aforesaid       acts    and
                                          omissions of Sri Arun Kumar-II prima
                                          facie     show        gross     misconduct       of
                                          indiscipline,          wilful        disobedience,
                                          dereliction of duty and intention to
                                          abandon service thus unbecoming of
                                          and unfit to continue as a Judicial
                                          Officer of the Bihar Superior Judicial
                                          Services.”
                      4. He filed the written statement and thereafter inquiry

          was conducted and finding was given as follows:-

                                          “From perusal of the record and under
                                          the     facts    and       circumstances        as
                                          discussed above it transpires that the
                                          Article of charge against the proceedee
                                          government servant Sri Arun Kumar-
                                          II,     mainly       relates    to    that    while
                                          functioning as Special Judge, POCSO
                                          Court at Katihar since 24.08.2021 till
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                                          date has remained absent from his
                                          station and duty in an unauthorized
                                          manner without permission and also
                                          without any application for leave and
                                          that too despite an opportunity with
                                          direction to apply for leave, and has
                                          also continued to retain charge of his
                                          court and office since 19.05.22 till date
                                          in an unauthorized manner in violation
                                          of specific direction issued to him vide
                                          order bearing memo no. 30314 dated
                                          20.05.2022 to make over the charge
                                          immediately on his suspension and in
                                          turn over burdening the in-charge
                                          judicial officer of his court during the
                                          entire period of ten (10) months from
                                          24.08.2021 till date which shows prima
                                          facie gross misconduct, indiscipline,
                                          wilful disobedience, dereliction of duty
                                          and intention to abandon service, thus
                                          unbecoming of and unfit to continue as
                                          a judicial officer of Bihar Judicial
                                          Services.”
                      5. The petitioner was asked to file second show-cause

          and accordingly, he filed the same (Annexure-12). The final

          order was passed and on the basis of the inquiry report dated

          18.09.2023, penalty of stoppage of two increments with

          cumulative effect was imposed on the petitioner. It is the further

          case of the petitioner that he approached the Hon’ble Governor
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          under Section 20 of Bihar Judicial Services (Classification,

          Control and Appeal) Rules, 2020 for review of the order and the

          Governor of Bihar, after going through the writ petition as well

          as comments of this Court and the material available on record,

          has been pleased to hold that the petitioner was given proper

          opportunity of being heard and he had participated in the

          departmental proceedings and that this Court, being the

          disciplinary authority, considering the entire material, passed the

          order regarding stoppage of increments and, therefore, there was

          no merit found in the review petition and, accordingly, the same

          stood dismissed.

                      6. The learned counsel appearing for the petitioner

          mainly contended that authorities were duly intimated about his

          leave so also he sought for his extension of leave and, therefore,

          the finding in the inquiry report is based on surmises and

          conjectures. It is further argued that the petitioner was not in a

          condition to travel from long distance due to his illness and in

          view of the advice given by the doctors, he was taking rest, and

          for which there might be lack of proper communication and,

          therefore, his case should be sympathetically considered. The

          petitioner has not challenged that there is any defect in the

          conducting of the departmental proceeding or that the principles
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          of natural justice has not been followed. The sole ground is

          taking leniency on the punishment, that has been imposed on

          him.

                      7. It is not in dispute that at the relevant point of time,

          the petitioner was holding an important post and he was

          working as Special Judge, POCSO Act, Katihar.

                      8. Sub-section (2) of Section 35 of the POCSO Act

          provides that the Special Court shall complete the trial as far as

          possible within a period of one year from the date of taking

          cognizance.

                      9. If the timeline is fixed for disposal of such cases

          and the main officer i.e., Presiding Officer of the Court remains

          absent for months together, then the purpose for which such

          enactment has been made for expeditious disposal of the cases,

          would be frustrated.

                      10. Even though, it is the case of the petitioner that

          the authorities were duly intimated, but the Inquiry Officer

          found that there were two communications from the side of the

          petitioner. Moreover, he has been intimated twice vide Office

          Memo No. 30314 dated 19.05.2022 as well as Office Memo No.

          138/2022 dated 20.05.2022 to make over the same on his

          suspension, which is also disputed by the learned counsel for the
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          petitioner.

                        11. The Supreme Court in the case of Indian Oil

          Corporation Ltd. Vs. Rajendra D. Harmalkar (2022) 17

          SCC 361 has made the following observation:-

                                  “27. Even from the impugned judgment and
                                  order passed by the High Court it does not
                                  appear that any specific reasoning was given
                                  by the High Court on how the punishment
                                  imposed by the disciplinary authority could
                                  be said to be shockingly disproportionate to
                                  the misconduct proved. As per the settled
                                  position of law, unless and until it is found
                                  that    the     punishment         imposed   by   the
                                  disciplinary           authority     is   shockingly
                                  disproportionate and/or there is procedural
                                  irregularity in conducting the inquiry, the
                                  High Court would not be justified in
                                  interfering with the order of the punishment
                                  imposed by the disciplinary authority which
                                  as such is a prerogative of the disciplinary
                                  authority as observed hereinabove.

                   12.       Similar view has been taken by the Hon’ble

          Supreme Court in Union of India and Ors. Vs. Const Sunil

          Kumar (Civil Appeal No. 219 of 2023), relevant paragraph of

          which is mentioned hereinbelow:-

                                         “6.2…..it is observed and held by this
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                            Court after considering the earlier decision in
                            the case of Union of India Vs. R.K.Sharma;
                            (2001) 9 SCC 592 that in exercise of powers of
                            judicial review interfering with the punishment of
                            dismissal       on     the   ground   that   it   was
                            disproportionate, the punishment should not be
                            merely disproportionate but should be strikingly
                            disproportionate.”

                      13. Be that as it may, after going through the finding

          of the inquiry report as well as the order passed by the Hon’ble

          Governor of Bihar, we do not find any infirmity or perversity in

          the same. Moreover, since the punishment that has been

          imposed on the petitioner regarding stoppage of two increments

          cannot be said to be strikingly disproportionate to the charges

          leveled against the petitioner and proved in accordance with law

          by holding the disciplinary proceeding.

                      14. This Court in its power of judicial review does not

          act as an appellate authority, it does not reappreciate the

          evidence adduced in departmental enquiry. Question of

          adequacy of the evidence or reliable nature of evidence will not

          be the grounds for interfering with the findings in the

          departmental enquiry. In the case of United Bank of India Vs.

          Biswanath Bhattacharya reported in (2022) 13 Supreme Court

          Cases 329, it is held as follows:-
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                                                  “21. The Bank is correct, when it
                                                  contends      that         an     appellate
                                                  review of the materials and
                                                  findings cannot ordinarily be
                                                  undertaken,          in         proceedings
                                                  under      Article        226         of    the
                                                  Constitution.        Yet,         from H.C.
                                                  Goel [Union          of        India v. H.C.
                                                  Goel, 1963 SCC OnLine SC 16 :
                                                  (1964) 4 SCR 718 : AIR 1964 SC
                                                  364] onwards, this Court has
                                                  consistently ruled that where the
                                                  findings     of      the        disciplinary
                                                  authority are not based on
                                                  evidence,     or          based        on     a
                                                  consideration             of      irrelevant
                                                  material, or ignoring relevant
                                                  material, are mala fide, or where
                                                  the findings are perverse or such
                                                  that they could not have been
                                                  rendered     by      any         reasonable
                                                  person       placed              in         like
                                                  circumstances,            the      remedies
                                                  under      Article        226         of    the
                                                  Constitution are available, and
                                                  intervention, warranted. For any
                                                  court to ascertain if any findings
                                                  were beyond the record (i.e. no
                                                  evidence) or based on any
                                                  irrelevant or extraneous factors,
                                                  or by ignoring material evidence,
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                                                           necessarily        some    amount      of
                                                           scrutiny is necessary. A finding
                                                           of “no evidence” or perversity,
                                                           cannot        be   rendered sans such
                                                           basic scrutiny of the materials,
                                                           and         the    findings    of     the
                                                           disciplinary authority. However,
                                                           the margin of appreciation of the
                                                           court under Article 226 of the
                                                           Constitution would be different;
                                                           it     is    not   the    appellate    in
                                                           character.”
                               15. In view of the limited scope of interference in the

                   judicial review, we are not inclined to interfere with the same

                   and, accordingly, the writ petition stands dismissed.


                                       (Sangam Kumar Sahoo, CJ)


                                            (Alok Kumar Sinha, J)

HR/-Gaurav

U


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