Purushottam Kumar JhaversusState of Bihar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9906 of 2024
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     Purushottam Kumar Jha son of late Kishori Nath Jha, resident of Dharampur
     (Ujan), P.O- Lohna Road, P.S- Sakatpur, Distt.- Darbhanga, Bihar.
     (Correspondence Address) Purushottam Kumar Jha, 5B/24, Indrapuri, P.O-
     Keshri Nagar, P.S- Patliputra, Patna- 800024 is basically field clerk but is
     conditionally deputed as a law officer in the Co-operative department, Govt.
     of Bihar, New Secretariat, Patna as well as is posted as a clerk in the office of
     the District Audit Officer, Co-operative Societies, Tazpur Road, Samastipur
     (Bihar)

                                                                     ... ... Petitioner
                                          Versus

1.   State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat,
     Patna- 800015.
2.   Principal Secretary, Department of Cooperative, Govt. of Bihar, New
     Secretariat, Patna- 800015.
3.   Registrar, Co-operative Societies, Bihar, New Secretariat, Patna- 800015.
4.   District Audit Officer, Co-operative Societies, Samastipur, Tazpur Road,
     (Near LIC office), Samastipur (Bihar)- 848101.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr. Purushottam Kumar Jha ( In Person )
     For the Respondent/s   :        Mr. Government Pleader (27)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 21-01-2026


                        Heard Mr. Purushottam Kumar Jha, petitioner-in-

      person, through virtual mode and learned Government Pleader

      No.27 for the State-respondents.

                        2. The present writ petition has been filed by the

      petitioner for quashing             the order of suspension dated

      16.12.2022 vide order No.10139 (Annexure-13) passed under

      Rule 9(1) the Bihar Government Servants (Classification,
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         Control & Appeal) Rules, 2005 (hereinafter referred to as the

         ‘CCA Rules, 2005’)           and further directing respondent No.2,

         Principal Secretary, Department of Cooperative, Government of

         Bihar, Patna, to pay the salaries with all back dues, GPF with

         interest to the petitioner.

                            3. The petitioner submits that he was appointed

         by the Divisional Joint Registrar, Co-operative Societies,

         Darbhanga, against the vacant post of clerk in the un-revised

         pay scale of 1200-1800. The petitioner joined in the office of

         Assistant       Registrar,       Co-operative   Society,   Benipatti,

         Madhubani, on 10.06.1996 and, thereafter, vide Memo No.

         11330 dated 30.12.1996 he was deputed in the Office of

         Registrar, Cooperative Society, Bihar, Patna. The work assigned

         to him was monitoring of legal work. In the year 1997, vide

         another order No.2923 dated 04.04.1997, he was posted at the

         Head Quarter and was taking salary of clerk from the one

         sanctioned post of accountant for legal work. The petitioner

         further submits that an Identity Card was issued by the Home

         (Special) Department, Government of Bihar, Patna,            on the

         recommendation of the authority concerned of the department

         on 22.09.1997 for the post of Legal Assistant. He submits that

         with full dedication he was doing the work of Co-operative
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         Society then an order contained in Memo No.10139 dated

         16.12.2022 (Annexure-13) was issued by Registrar Cooperative

         Society, Bihar, by which he has been suspended under Rule 9(1)

         of the CCA Rules, 2005. He submits that Rule 9(7) of the CCA

         Rules, 2005 is very much clear, under which there is specific

         provision that when order of suspension has been made

         thereafter charge must be framed within three months from the

         date of issue of suspension order, failing which     on expiry of

         three months, the suspension order shall be revoked unless the

         authority, which issued the suspension order, passes the order

         renewing the suspension along with reasons to be recorded in

         writing for the delay in framing of the charge sheet for a further

         period of four months. He further submits that there is a proviso

         also in the said sub-rule that after expiry of the extended period

         of four months, the suspension order shall stand revoked if the

         charge is not framed. The petitioner submits that since charge

         has not been framed for the said period specified in the CCA

         Rules, 2005. Therefore, he filed the writ petition before this

         Hon’ble Court explaining all the circumstances, but legally

         demanded the relief that his suspension be revoked and payment

         to the petitioner be started. With this relief, he has moved before

         this Hon’ble Court in the writ petition.
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                            4. Learned Counsel for the State-respondents

         submits that the pleading made by the petitioner is absolutely

         false and not correct. He submits that after suspension charge

         memo has already been issued/framed against the petitioner but

         the petitioner either in this way or that way creating hurdle in

         service of the charge and started delaying the departmental

         proceeding and subsequently on the basis of false pleading want

         to take shelter of law.

                            5. In support of his argument, he submits that a

         supplementary counter affidavit has been filed and in the said

         supplementary counter affidavit, filed by respondent Nos.2 to 6

         dated 16.05.2025, in which Annexure-D has been annexed

         showing that this is the charge memo issued to the petitioner on

         11.11.2022.       He submits that the said charge memo is well

         within time from the date of issuance of the suspension and,

         therefore, the petitioner has no case at all. He submits that the

         petitioner be directed to support in the departmental proceeding

         and this departmental proceeding may be directed to be

         concluded within a specified period of time. He also submits

         that due to non-response of the receiving of the charge memo,

         the said charge memo was sent to the home address of the

         petitioner through registered post, which was returned
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         undelivered with the postal peon report that addressee has left

         without information. He further submits that the department is

         very cautious with regard to follow the law and in furtherance

         thereof, paper publication has also been made in Daily

         Newspaper        Hindustan       dated       23.08.2023   intimating   the

         petitioner to submit his reply within 15 days, failing which

         necessary action shall be taken against him. Learned Counsel

         further submits that the Joint Registrar, Cooperative Society,

         Magadh Division, Gaya, vide his letter dated 27.01.2025 has

         reported that the petitioner has joined the Headquarter so fixed

         during his suspension on 22.01.2025 and has further sought for

         guidance as to from which date the subsistence allowance has to

         be paid to the petitioner. He further submits that it has been

         decided at the level of the authorities of the respondent that

         subsistence allowance shall be payable to the petitioner in terms

         of proviso of Rule 10(1) of the CCA Rules, 2005. Conclusively,

         he submits that in any view of the matter, the writ petition is fit

         to be dismissed as there is no legal infirmity in the decisions

         taken by the respondent and it is due to the personal conduct of

         the petitioner,       the departmental proceeding could not be

         proceeded and in this view of the matter the writ petition be

         dismissed.
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                            6. After hearing the parties, it is the admitted

         position that the petitioner is the employee and the respondent is

         the employer. The service rule applicable to the petitioner is

         CCA Rules, 2005. According to which, it is well within the

         power of the employer to suspend him and he has rightly been

         suspended under Rule 9(1) of the CCA Rules, 2005, since both

         employer and employee are guided by CCA Rules, 2005.

         Therefore, the employer is also bound to follow the rule laid

         down under Rule 9(7) of the Bihar CCA Rules, 2005. This

         Court with a view decide this writ petition accepts that charge

         memo has been issued which has been attached as Annexure-D

         of the supplementary affidavit dated 16.05.2023 filed by

         respondent Nos.2 to 6. This Court is aware about the special

         regulation framed in the year 2017, published in the Bihar

         Gazette Extraordinary No.1189 dated 19th of December, 2017

         under which the Bihar Government Servant has to serve charge

         in accordance with the special regulation, namely, Bihar

         Framing of Article of Charge against Government Servant

         Regulation 2017. Since, this charge memo has been issued in

         the year 2022, therefore, this regulation 2017 become applicable

         on the same. According to this regulation, every memo of

         article of charge shall contain four parts.       The first part is
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         personal information regarding the concerned government

         servant, the second part is the substance of imputation of

         misbehave or misconduct and the third part is Clarification

         (Abhikathan) of misbehave or misconduct and fourth part is in

         two further sub-part (a) list of document by which it is proposed

         to prove the allegations and another sub-part (b) list of

         witnesses.

                            7. Upon perusal of Annexure-D, which is

         alleged to be the memo of charge against the petitioner, this

         Court finds that there is only part-I and Part-III are there. Part-II

         and Part-IV are completely inabsentia. It is due to this reason,

         this Court is of the firm view that the alleged Annexure-D, i.e.,

         Memo of Charge, is absolutely defective and on the defective

         charge memo proceeding cannot be proceeded as well as Rule

         9(7) of the CCA Rules, 2005 is very categorical under which

         time period has been prescribed and, therefore, it is due to this

         reason that Annexure-D is basically no charge. This Court

         hereby treats that no charge memo has been issued. In result,

         Suspension Order No.10139 dated 16.12.2022 (Annexure-13) is

         hereby set aside. Respondent No.2, the Principal Secretary,

         Department of Cooperative, Government of Bihar, Patna, is

         directed to make payment of all his arrears to the petitioner
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                      within three months from the date receipt/production of a copy

                      of this order.

                                         8. With the aforesaid direction, this writ petition

                      is allowed.




                                                                   (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          26.01.2026
Transmission Date