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Patna High Court

Suresh Pandey,versusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The departmental proceeding under Rule 43(B) was vitiated due to non‑compliance with the Bihar CCA Rules and denial of natural‑justice rights, rendering the pension‑deduction orders void.

Summary

The petitioner, a retired headmaster, challenged the deduction of 5% of his pension for three years imposed by the Education Department of Bihar, alleging that the departmental proceeding under Rule 43(B) of the Bihar Pension Rules was initiated without a prior show‑cause notice and violated procedural safeguards under the Bihar CCA Rules, 2005. The department had issued a memo of charge after a legislative query about non‑distribution of scheme funds, conducted an enquiry without listing witnesses, and rejected the petitioner’s reply without giving reasons. The petitioner argued that no pecuniary loss or grave misconduct was proved and that natural‑justice principles were ignored. The court examined the departmental records, found that the enquiry was conducted in contravention of Rules 17(3) and 17(14) of the Bihar CCA Rules, and that the petitioner was denied the opportunity to cross‑examine witnesses or adduce his own evidence. Relying on Supreme Court precedents emphasizing the need for a fair enquiry, the court held the proceedings vitiated and set aside both the 10% and 5% pension deduction orders, directing full payment of the petitioner’s pension. The writ petition was allowed.

Issues considered

  • Whether the departmental proceeding against a retired employee under Rule 43(B) of the Bihar Pension Rules was valid without a prior show‑cause notice.
  • Whether the enquiry complied with the procedural requirements of the Bihar CCA Rules, 2005, particularly regarding witness lists and the right to cross‑examine.
  • Whether the deduction of pension under the alleged misconduct was justified in the absence of proof of pecuniary loss or grave misconduct.

Legislation cited

Subjects

  • pension deduction
  • departmental enquiry
  • Rule 43(B)
  • natural justice
  • procedural fairness
  • service law
  • writ petition
  • superannuation
  • Bihar Education Department

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.9400 of 2022
     ======================================================
     Suresh Pandey, Son of Late Yadu Pandey, Resident of Sarvodaya Nagar, Ward
     No. 40, Begusarai, P.O., P.S. and District-Begusarai.

                                                              ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Additional Chief Secretary, Education
     Department, Government of Bihar, New Secretariat, Patna.
2.   The Additional Chief Secretary, Education Department, Government of
     Bihar, New Secretariat, Patna.
3.   The Director, Secondary Education, Government of Bihar, Buddha Marg,
     Patna.
4.   The Regional Deputy Director of Education, Munger Division, Munger.
5.   The District Education Officer, Begusarai.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Bipin Bihari Singh, Advocate
                            :      Mr. Prashant Kumar, Advocate
                            :      Mr. Shyama Kant Singh, Advocate
     For the Respondent/s   :      Mr. Amit Bhushan, AC to GP-17
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
     ORAL JUDGMENT
      Date : 18-06-2026
                 Heard the learned counsel for the petitioner and the

     learned counsel appearing on behalf of the State.

                  2. The present writ petition has been filed for quashing

     the order passed by the Additional Chief Secretary, Education

     Department, Government of Bihar, Patna vide Memo No. 887,

     Patna dated 29.04.2022 imposing the punishment of the deduction

     of 5% of his pension for 3 years affirming the order passed by the

     Director, Secondary Education, Government of Bihar under Memo

     No.180, Patna dated 02.02.2022 imposing punishment of

     deduction of 10% from pension for 3 years alleged to be exercise
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       of power under 43(B) of Bihar Pension Rules without proper

       appreciation of his reply furnished in response to second show-

       cause in addition to applicability of 43(B) of Bihar Pension Rules

       in light of law reflected from the said Rules as well as the law

       settled by temple of justice time without numbers by terminating

       the judicial proceeding and for other necessary relief/reliefs on the

       basis of the facts and circumstances of the case enumerated stated

       and discussed hereinafter.

                    FACTS OF THE CASE

                    3. The brief facts, which are required to be considered

       for proper adjudication of the present writ petition are that the

       petitioner while working as In-Charge Headmaster, High School,

       Ramdiri, Begusarai superannuated from services on 30.09.2018,

       after attaining the age of superannuation.Vide letter No. 186 dated

       23.03.2018, issued under the signature of the Director, Secondary

       Education, Government of Bihar, Patna, which was written in

       reference to his letter No. 179 dated 21.03.2018 and letter No. 199

       dated 23.03.2018 indicating therein that in the financial year 2016-

       17, as per the demands made by the Headmaster of the School in

       question, the funds were allotted and the same were withdrawn

       and sent to the account of the beneficiaries through RTGS. It was

       further mentioned that additional demands were not made by the
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       concerned Headmaster. Subsequently vide Memo No. 11 dated

       02.01.2019, issued under the signature of the Director, Secondary

       Education, Government of Bihar, Patna, addressed to the District

       Education Officer, Begusarai, it was directed that in view of letter

       No. 186 dated 23.03.2018, whereby the reply to the question asked

       for by the Member of Legislative Assembly, namely, Narendra

       Kumar Singh @ Bogo Singh with regard to not granting the

       benefit to the students for the year 2016-17 in relation to

       Mukhyamantri Shatabdi Balika Poshak Yojana in the Government

       High School, Ramdiri, Begusarai, charges with regard to

       dereliction of duty is found to be prima facie proved against the

       Principal of the concerned school, therefore, appropriate charge be

       framed in terms of Bihar Government Servant (Classification,

       Control and Appeal) Rules, 2005 and the same be issued in

       Prapatra-K within one week. In compliance of the above

       mentioned direction, vide letter No. 2354 dated 29.09.2020, issued

       under the signature of the District Education Officer, Begusarai,

       addressed to the Director, Secondary Education, Government of

       Bihar, Patna, the memo of charge along with evidence was sent for

       his approval and for doing the necessary. The memo of charge

       contained the detail of charges levelled against the petitioner and
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       along with the memo of charge, some documents were referred,

       however list of witnesses were not given.

                    4. It is the case of the petitioner that no show cause

       notice was issued to the petitioner before initiation of the

       departmental proceeding. Vide letter No. 2046 dated 08.10.2021,

       issued under the signature of the Deputy Director, Secondary

       Education, Government of Bihar, Patna, the petitioner was directed

       to submit his reply to the second show cause notice within one

       week. Along with the letter dated 08.10.2021, copy of the enquiry

       report was also provided to the petitioner. In compliance of the

       letter dated 08.10.2021, the petitioner submitted his reply on

       23.11.2021, wherein he denied all the charges levelled against him

       and requested the disciplinary authority to exonerate him from the

       charges levelled against him.

                    5. It is further case of the petitioner that from the entire

       documents i.e. the memo of charge, the enquiry report etc, it would

       not transpire that the proceeding against the petitioner was

       initiated under Rule 43 (B) of the Bihar Pension Rules. The

       disciplinary authority i.e. the Director, Secondary Education,

       Government of Bihar, Patna by the impugned order contained in

       memo No. 180 dated 02.02.2022, while referring to the enquiry

       report and the reply submitted by the petitioner, proceeded to
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       reject the reply submitted by the petitioner and imposed the

       penalty of deduction of 10% of the pension for three years. Being

       aggrieved with the order of punishment dated 02.02.2022, the

       petitioner was constrained to file an appeal before the Additional

       Chief Secretary, Department of Education, Government of Bihar,

       Patna, wherein he gave all the details with regard to the charge

       levelled against him and requested the appellate authority to

       exonerate him from the charges levelled against him. The appellate

       authority i.e. the Additional Chief Secretary, Department of

       Education, Government of Bihar, Patna vide his order contained in

       memo No. 887 dated 29.04.2022 modified the order of punishment

       passed vide letter dated 02.02.2022, to the effect that instead of

       10%, he directed for deduction of 5% pension of the petitioner for

       three years. The petitioner, being aggrieved with the order dated

       29.04.2022 passed by the appellate authority, has preferred the

       present writ petition.

       SUBMISSION ON BEHALF OF THE PETITIONER

                    6. The learned counsel for the petitioner submits that

       during the entire service period, no allegation was levelled against

       the petitioner and even, no show cause or explanation was asked

       for from the petitioner with regard to negligence in performing his

       duties. He submits that all of a sudden, the petitioner was handed
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       over the memo of charge, wherein certain charges were levelled

       against him, however no show cause notice was ever issued to the

       petitioner, prior to initiation of the departmental proceeding

       against him. He submits that from the memo of charge, it would

       not transpire that the proceeding against the petitioner has been

       initiated under Rule 43(B) of the Bihar Pension Rules.

                    7. The learned counsel for the petitioner submits that in

       terms of Rule 43(B) of the Bihar Pension Rules, the punishment

       can be awarded in case the State Government comes to the

       conclusion that the employee concerned was found to be guilty of

       grave misconduct in a departmental proceeding or comes to the

       conclusion that the employee concerned has caused pecuniary loss

       to the Government by misconduct/negligence, caused during his

       service period. In case of the petitioner, there is no allegation of

       causing any pecuniary loss to the State Exchequer and since, there

       is no allegation of causing pecuniary loss to the Government by

       misconduct or negligence during the service period, there was no

       occasion to initiate departmental proceeding under Rule 43(B) of

       the Bihar Pension Rules.

                    8. The learned counsel for the petitioner finally submits

       that since the petitioner was never granted any opportunity to file

       reply to the show cause, since no show cause notice was ever
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       issued to the petitioner, before initiation of the departmental

       proceeding, the entire departmental proceeding is a farce.

                SUBMISSION ON BEHALF OF THE RESPONDENTS

                    9. Per contra, the learned counsel appearing on behalf of

       the State submits that a question was raised on the floor of the

       Bihar Legislative Assembly with regard to non-distribution of

       money related to the Chief Minister Cycle and Dress Programme

       for the financial year 2016-17 for High School, Ramdiri,

       Begusarai. On receipt of the said complaint/question, a report was

       called for and was received from the office of the District

       Education Officer, Begusarai vide letter No. 186 dated 23.03.2018,

       in which it was stated that since no requisition was made by the

       Headmaster of the concerned school for release of extra amount,

       the same was not released and distributed amongst the students.

       On the basis of the said report, a departmental proceeding was

       initiated against the petitioner by issuance of memo of charge. The

       Regional Deputy Director of Education, Munger Division, Munger

       was appointed as the enquiry officer and he submitted his report,

       after conducting a detailed enquiry vide his letter No. 167 dated

       04.08.2021. The enquiry officer on the basis of the documents

       brought on record by the presenting officer, came to the conclusion

       that all the three charges levelled against the petitioner have been
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       found to be proved. Second show cause notice was issued to the

       petitioner vide letter No. 1656 dated 19.08.2021, which was

       replied by the petitioner on 23.11.2021. The disciplinary authority

       after duly examining the reply submitted by the petitioner, by the

       impugned order dated 02.02.2022, proceeded to award the penalty

       of deduction of 10% of the pension of the petitioner for three

       years, in terms of Rule 43(B) of the Bihar Pension Rule. The

       petitioner preferred appeal before the Additional Chief Secretary

       and the Additional Chief Secretary vide his order contained in

       Memo No. 887 dated 29.04.2022, proceeded to modify the

       punishment awarded to the petitioner by the disciplinary authority

       on 02.02.2022, by directing for deduction of 5% of the pension of

       the petitioner for three years.

                    10. He submits that in terms of the order dated

       15.04.2026 passed in this case, a supplementary counter affidavit

       has been filed on behalf of the respondent no.3, wherein it has

       been stated that the petitioner never asked for any additional

       allocation for disbursement among the deprived girls under the

       scheme for the financial year 2016-17 and a question was raised in

       the Bihar Legislative Assembly. An enquiry was conducted,

       wherein the allegations levelled against the petitioner were found

       to be proved and based on the same, memo of charge was issued to
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       the petitioner. The proceeding was initiated against the petitioner

       under Rule 43(B) of the Bihar Pension Rules and opportunity was

       granted to the petitioner to file his second show cause reply, to the

       enquiry report submitted by the enquiry officer, whereby the

       charges levelled against the petitioner were found to be proved and

       since, there is a specific finding against the petitioner that there

       was deliberate delay in disbursement of the money to the

       beneficiaries, under the scheme and due to that, total 40

       beneficiaries were deprived of the benefits, therefore, he was

       awarded the punishment.

                    11. The learned counsel for the State submits that

       proviso (III) to Rule 43 (B) of the Bihar Pension Rules stipulates

       that ‘shall be directed by such authority and at such place or places

       as State Government may direct and in accordance with the

       procedure applicable to proceeding on which, an order of dismissal

       from service may be made’. He submits that the departmental

       proceeding was conducted in terms of Rule 43(B) of the Bihar

       Pension Rules and Rule 17 of the Bihar CCA Rules, 2005 and

       there is no procedural laches on behalf of the department in

       conducting the entire departmental proceeding. He further submits

       that the conduct of the petitioner comes under the ambit of

       misconduct, therefore, the order of punishment for forfeiture of
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       10% of pension of the petitioner for three years was passed,

       however the same was subsequently modified to 5% forfeiture of

       pension for three years.

       CASE LAW RELIED UPON BY THE PETITIONER

                    12. The learned counsel for the petitioner refers to and

       relies upon a judgment of the Hon’ble Supreme Court of India

       reported in (1998) 7 SCC 84 (Punjab National Bank & Ors.

       versus Kunj Behari Misra), wherein in paragraph nos. 18 & 19, it

       has been held as follows:-

                                  “18. Under          Regulation      6,      the     enquiry
                                        proceedings can be conducted either by an
                                        enquiry officer or by the disciplinary
                                        authority itself. When             the enquiry is
                                        conducted by the enquiry officer, his report
                                        is    not     final   or   conclusive        and    the
                                        disciplinary proceedings            do not stand
                                        concluded. The disciplinary proceedings
                                        stand concluded with the decision of the
                                        disciplinary authority. It is the disciplinary
                                        authority which can impose the penalty and
                                        not    the      enquiry    officer.     Where       the
                                        disciplinary      authority    itself       holds   an
                                        enquiry, an opportunity of hearing has to be
                                        granted by him. When the disciplinary
                                        authority differs with the view of the enquiry
                                        officer and proposes to come to a different
                                        conclusion, there is no reason as to why an
                                        opportunity of hearing should not be
                                        granted. It will be most unfair and iniquitous
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                                        that where the charged officers succeed
                                        before the enquiry officer, they are deprived
                                        of representing to the disciplinary authority
                                        before that authority differs with the enquiry
                                        officer's report and, while recording a
                                        finding of guilt, imposes punishment on the
                                        officer. In our opinion, in any such situation,
                                        the charged officer must have an opportunity
                                        to represent before the disciplinary authority
                                        before final findings on the charges are
                                        recorded and punishment imposed. This is
                                        required to be done as a part of the first
                                        stage of enquiry as explained in Karunakar
                                        case [(1993) 4 SCC 727 : 1993 SCC (L&S)
                                        1184 : (1993) 25 ATC 704] .
                                  19. The result of the aforesaid discussion would be
                                        that the principles of natural justice have to
                                        be read into Regulation 7(2). As a result
                                        thereof, whenever the disciplinary authority
                                        disagrees with the enquiry authority on any
                                        article of charge, then before it records its
                                        own findings on such charge, it must record
                                        its tentative reasons for such disagreement
                                        and give to the delinquent officer an
                                        opportunity to represent before it records its
                                        findings. The report of the enquiry officer
                                        containing its findings will have to be
                                        conveyed and the delinquent officer will
                                        have an opportunity to persuade the
                                        disciplinary   authority    to   accept    the
                                        favourable conclusion of the enquiry officer.
                                        The principles of natural justice, as we have
                                        already observed, require the authority
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                                        which has to take a final decision and can
                                        impose a penalty, to give an opportunity to
                                        the officer charged of misconduct to file a
                                        representation         before   the   disciplinary
                                        authority records its findings on the charges
                                        framed against the officer.”
                    13. The learned counsel for the petitioner further refers

       to and relies upon a judgment of the Hon’ble Supreme Court of

       India reported in (2009) 2 SCC 570 (Roop Singh Negi versus

       Punjab National Bank & Ors.), wherein in paragraph nos. 14 &

       23, it has been held as follows:-

                                      “14. Indisputably, a departmental proceeding
                                            is a quasi-judicial         proceeding. The
                                            enquiry officer performs a quasi-judicial
                                            function. The charges levelled against the
                                            delinquent officer must be found to have
                                            been proved. The enquiry officer has a
                                            duty to arrive at a finding upon taking
                                            into consideration the materials brought
                                            on record by the parties. The purported
                                            evidence collected during investigation by
                                            the investigating officer against all the
                                            accused by itself could not be treated to
                                            be      evidence      in    the   disciplinary
                                            proceeding. No witness was examined to
                                            prove      the      said    documents.    The
                                            management witnesses merely tendered
                                            the documents and did not prove the
                                            contents thereof. Reliance, inter alia, was
                                            placed by the enquiry officer on the FIR
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                                            which could not have been treated as
                                            evidence.
                                      23. Furthermore, the order of the disciplinary
                                            authority as also the appellate authority
                                            are not supported by any reason. As the
                                            orders passed by them have severe civil
                                            consequences,        appropriate     reasons
                                            should have been assigned. If the enquiry
                                            officer had relied upon the confession
                                            made by the appellant, there was no
                                            reason as to why the order of discharge
                                            passed by the criminal court on the basis
                                            of selfsame evidence should not have
                                            been      taken   into   consideration.   The
                                            materials brought on record pointing out
                                            the guilt are required to be proved. A
                                            decision must be arrived at on some
                                            evidence, which is legally admissible. The
                                            provisions of the Evidence Act may not be
                                            applicable in a departmental proceeding
                                            but the principles of natural justice are.
                                            As the report of the enquiry officer was
                                            based on merely ipse dixit as also
                                            surmises and conjectures, the same could
                                            not have been sustained. The inferences
                                            drawn by the enquiry officer apparently
                                            were not supported by any evidence.
                                            Suspicion, as is well known, however high
                                            may be, can under no circumstances be
                                            held to be a substitute for legal proof.”
                    14. The learned counsel for the petitioner further refers

       to and relies upon a judgment of the Hon’ble Supreme Court of
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       India reported in (2010) 2 SCC 772 (State of Uttar Pradesh &

       Ors. versus Saroj Kumar Sinha), wherein in paragraph no. 28, it

       has been held as follows:-

                                      “28. An inquiry officer acting in a quasi-
                                            judicial authority is in the position of an
                                            independent     adjudicator.   He   is     not
                                            supposed to be a representative of the
                                            department/disciplinary
                                            authority/Government. His function is to
                                            examine the evidence presented by the
                                            Department, even in the absence of the
                                            delinquent official to see as to whether
                                            the unrebutted evidence is sufficient to
                                            hold that the charges are proved. In the
                                            present case the aforesaid procedure has
                                            not been observed. Since no oral evidence
                                            has been examined the documents have
                                            not been proved, and could not have been
                                            taken into consideration to conclude that
                                            the charges have been proved against the
                                            respondents.”
                    15. The learned counsel for the petitioner further refers

       to and relies upon a judgment of the Hon’ble Supreme Court of

       India reported in 2026 (3) PLJR 125 SC (Jai Prakash Saini

       versus Managing Director, U.P. Cooperative Federation Ltd. &

       Ors.), wherein in paragraph nos. 17 & 18, it has been held as

       follows:-

                                      “17. From the decisions of this Court in Sur
                                            Enamel    (supra)    and   Kharak        Singh
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                                            (supra), followed in Chamoli District
                                            Cooperative (supra), which deals with
                                            similar service rules as are applicable
                                            here, it is now settled that unless the
                                            charged employee accepts his guilt in
                                            clear terms, an enquiry on the charges
                                            drawn against him would have to be held.
                                            In the enquiry, the employer/department
                                            would have to take steps first to lead
                                            evidence against the workmen/delinquent
                                            charged and give an opportunity to him to
                                            cross examine those witnesses. Only
                                            thereafter, the workmen/delinquent shall
                                            be asked whether he wants to lead any
                                            evidence and/or submit an explanation
                                            about the evidence led against him. Even
                                            in a case based solely on documentary
                                            evidence,      unless   the    relied   upon
                                            documents are admitted by the charged
                                            employee, a witness would have to be
                                            examined to prove those documents and
                                            when so examined, the witness would
                                            have      to   be   tendered    for     cross-
                                            examination.
                                      18. In the instant case, we find that the
                                            department had not produced any witness
                                            in the enquiry even though the charges
                                            levelled upon the appellant were denied
                                            by him. Therefore, in our view, the
                                            enquiry stood vitiated. Once the enquiry
                                            stood vitiated, the consequential order of
                                            punishment/recovery cannot be sustained.
                                            We therefore allow this appeal. The
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                                            impugned judgment and order of the High
                                            Court is set aside. The writ petition of the
                                            appellant stands allowed to the extent
                                            indicated below. The order of dismissal
                                            and consequential recovery is set aside.
                                            The Federation is, however, at liberty to
                                            hold a de novo enquiry, if it so desires,
                                            within a period of six months from the
                                            date of this order. If the Federation does
                                            not hold de novo enquiry as permitted
                                            above, the appellant shall be entitled to
                                            reinstatement with benefit of continuity in
                                            service including arrears of salary after
                                            adjusting suspension allowance, if any,
                                            paid already. In case the Federation
                                            chooses to hold an enquiry, it shall
                                            reinstate the appellant and place him
                                            under suspension till completion of the
                                            enquiry and during this period pay
                                            suspension allowance as may be payable
                                            in accordance with law. In case de novo
                                            enquiry is held, other service benefits
                                            including arrears of salary as well as
                                            benefits of continuity in service shall
                                            depend on the outcome of the enquiry.”
                        ANALYSIS AND CONSIDERATION

                    16. Having considered the rival submissions and after

       going through the records, it appears that admittedly the petitioner

       superannuated from service on attaining the age of superannuation

       on 30.09.2018 and till that time, no proceeding was pending

       against the petitioner and the petitioner was not served with any
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       show cause notice or he was never asked to give explanation to

       any complaint. Later on, after his retirement, the proceeding under

       Rule 43(B) of the Bihar Pension Rule is said to have been initiated

       against him for which, memo of charge was served to him. Prior to

       issuance of said memo of charge, no show cause notice was

       admittedly issued to the petitioner. The enquiry officer is said to

       have considered the explanation, which was submitted by the

       petitioner and after considering the explanation submitted by the

       petitioner and relying upon the documents, which were produced

       by the presenting officer as well as the on the statement made by

       him, proceeded to prove the charges levelled against the petitioner.

       After submission of the enquiry report, the petitioner was issued

       second show cause notice, which he duly replied, however the

       disciplinary authority without even giving reason to reject the

       reply submitted by the petitioner, went on to record that the reply

       submitted by the petitioner is not found to be satisfactory,

       proceeded to award punishment against him. Even the appeal

       preferred by the petitioner was rejected, however the order passed

       by the disciplinary authority dated 02.02.2022 was modified to the

       extent that the appellate authority directed for forfeiture of 5% of

       pension of the petitioner for three years. It appears that while

       conducting the proceeding in terms of Rule 43(B) of the Bihar
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       Pension Rules and Rule 17 of the Bihar CCA Rules, 2005, the

       procedure prescribed under the same was not followed by the

       disciplinary authority in as much as in terms of Rule 17(3), no list

       of witnesses were provided to the petitioner along with the memo

       of charge. When no details of witnesses were given, along with the

       memo of charge, there is no question of producing any witness

       during the course of enquiry, before the enquiry officer and even

       the documents, which are said to have been relied upon by the

       enquiry officer, were never proved by their respective authors. The

       petitioner was         denied an opportunity to cross-examine the

       witnesses and to give/adduce witnesses in his favour, which also

       appears to be in violation of Rules 17(14) of the Bihar CCA Rules,

       2005. It further appears that the disciplinary authority, while

       proceeding with the impugned order of punishment, did not utter a

       word with regard to consideration of the reply filed by the

       petitioner in his defence and in a mechanical manner, proceeded to

       reject the same by holding that the same is found to be not

       satisfactory. The enquiry officer only on the basis of the statement

       made by the presenting officer, in absence of any witness,

       proceeded to prove the charges against the petitioner on his own. It

       is the mandate of law, which has been held by the Hon’ble

       Supreme Court of India in the case of Jai Prakash Saini (supra)
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       that unless the charged employee accept his guilt in clear terms, an

       enquiry on the charges drawn against him would have to be held

       and in the enquiry, the employer/department would have to take

       steps first to lead evidence against the workman/delinquent

       charged and give an opportunity to him to cross-examine those

       witness. Only thereafter, the workman/delinquent shall be asked

       whether he wants to lead any evidence and/or submit an

       explanation about the evidence lead against him. Even in a case

       based solely on documentary evidence, unless the relied upon

       documents are admitted by the charged employee, a witness would

       have to be examined to prove these documents and when so

       examined, the witness would have to be tendered for cross-

       examine. In the present case, no such procedure has been adopted

       and only on the basis of the documents presented by the presenting

       officer, the enquiry officer found the petitioner guilty and found

       the charges to be proved against the petitioner.

                    17. Considering the above, this Court is of the

       considered opinion that the entire departmental proceeding

       conducted against the petitioner was in clear violation of the

       provisions contained in Bihar CCA Rules, 2005 and the impugned

       order of punishment contained in Memo No. 180 dated 02.02.2022

       and Memo No. 887 dated 29.04.2022, issued under the signature
Patna High Court CWJC No.9400 of 2022 dt.18-06-2026
                                          20/22




       of the Director (Secondary Education), Government of Bihar,

       Patna and the Additional Chief Secretary, Department of

       Education, Government of Bihar, Patna respectively deserves to be

       set aside and are accordingly set aside.

                    18. Since, the petitioner has retired prior to issuance of

       the departmental proceeding and the departmental proceeding was

       not conducted in terms of the provisions contained in Bihar CCA

       Rules, 2005. The High Court under Article 226/227 of the

       Constitution of India is entitled to interfere when the finding of

       fact is based on no evidence and if in every case where no valid

       evidence is laid at the enquiry proceeding, there is a remand made,

       it would be offering a premium to the negligence of the

       management/disciplinary authority and condoning the levity with

       which the departmental enquiry was conducted. It is the

       disciplinary authority, who appoints the Enquiry Officer and the

       Presenting Officer and it is expected that the Presenting Officer

       would be well versed in the procedures and also be informed in the

       manner in which           evidence has to be laid before the Enquiry

       Officer, to prove the misconduct, alleged against a delinquent

       employee. In a disciplinary enquiry proceeding, it is also the trite

       principle that the standard of proof is preponderance of probability

       as distinguished from proof beyond reasonable doubt, as would be
Patna High Court CWJC No.9400 of 2022 dt.18-06-2026
                                          21/22




       required in a criminal prosecution. However, if there is no

       evidence laid at the enquiry, there is no question of any

       preponderance of probability being drawn to find the allegations

       proved nor can the delinquent be penalised on the basis of

       peremptory finding without any valid evidence. The disciplinary

       authority had an opportunity in a properly constituted enquiry

       proceeding and if in such a proceeding no evidence was laid, the

       punishment of dismissal has to be found to be imposed on no valid

       evidence.

                    19. Accordingly, the petitioner is found entitled for

       payment of his entire pension, for which he was entitled, prior to

       passing of the impugned orders dated 02.02.2022 and 29.04.2022

       respectively.

                    20. The respondent authorities are directed to recalculate

       the entitlement of the petitioner, for which he was entitled to

       before passing of the order dated 02.02.2022 and to calculate the

       entire amount and make payment of the same to the petitioner

       within a period of four months from the date of receipt/production

       of the copy of the order.

                    21. The writ petition is allowed in the aforementioned

       terms.
             Patna High Court CWJC No.9400 of 2022 dt.18-06-2026
                                                       22/22




                                 22. Pending application, if any, shall also stands

                    disposed of.


                                                  (Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR
CAV DATE                  NA
Uploading Date            23.06.2026
Transmission Date         NA


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