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Patna High Court

BiharversusKailash Prasad

Decided
Disposal
DISMISSED

Holding

The Letters Patent Appeal is dismissed, confirming the Single Judge’s order that the disciplinary punishment is unsustainable because the enquiry violated Rule 17(3) and was conducted without any valid evidence.

Summary

The State of Bihar appealed against a Patna High Court Single Judge’s order that quashed a disciplinary punishment imposed on Deputy Superintendent of Police Kailash Prasad for alleged procedural lapses during a liquor‑prohibition raid. The punishment—withholding three pay increments—was based on a charge memo that omitted the list of witnesses and denied the officer cross‑examination, violating Rule 17(3) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005. The enquiry officer recorded statements of six witnesses but did not discuss the evidence or allow the respondent to challenge them, and no substantive evidence was led. The Court held that such procedural defects and the absence of any material evidence rendered the disciplinary findings unsustainable, leading to the setting aside of the orders dated 08‑06‑2020 and 31‑12‑2020. While the State sought a remand or deferment pending a larger bench reference, the Court affirmed the Single Judge’s decision and dismissed the Letters Patent Appeal.

Issues considered

  • Whether the disciplinary proceeding violated Rule 17(3) of the Bihar CCA Rules, 2005 by not furnishing the list of witnesses and denying cross‑examination.
  • Whether the enquiry officer’s findings were sustainable in the absence of any material evidence.
  • Whether the Letters Patent Appeal should be dismissed or remanded in view of the procedural defects and the pending reference of a larger bench.

Legislation cited

Subjects

  • disciplinary proceedings
  • departmental inquiry
  • natural justice
  • Rule 17
  • cross‑examination
  • major punishment
  • withholding increments
  • Letters Patent Appeal
  • Bihar police
  • prohibition act
  • procedural irregularities

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.1044 of 2025
                                          In
                    Civil Writ Jurisdiction Case No.15101 of 2021
     ======================================================
1.    The State of Bihar through Home Principal Secretary Police Department.
2.   The Accountant General through the In-charge Officer, Finance (A.G.),
     Bihar, Patna.
3.   The Additional Chief Secretary, Home Department (Police Branch), Bihar,
     Patna.
4.   The Director General of Police, Bihar, Patna.
5.   The Additional Director General of Police, Crime Investigation Department,
     Bihar, Patna.
6.   The Additional General of Police (Head Quarter).
7.   The Inspector General of Police, Head Quarter.
8.   IG, Special Branch-cum-Conducting Officer,
9.   DIG, Patna.
10. The Senior Superintendent of Police, Patna.

                                                                  ... ... Appellant/s
                                           Versus
     Kailash Prasad Son of Haricharan Prasad, Resident of Ward No. 02 Village -
     Pipra, P.S. - Barauli, District Gopalganj.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :      Mr. N.H.Khan, SC-1
                                   Mr. Md. Irshad, AC to SC-1
     For the Respondent/s   :      Mrs. Nivedita Nirvikar, Sr. Advocate
                                   Mr. Shashank Shekhar, Advocate
                                   Mr. Arya Achint, Advocate
                                   Mrs. Shashi Priya, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 19-02-2026
                Heard the parties.

                   2. This Letters Patent Appeal has been filed by the

      State of Bihar challenging the order dated 27.08.2025 of the
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         learned Single Judge passed in C.W.J.C. No. 15101 of 2021,

         whereby and whereunder, while allowing the writ petition, the

         learned Court has quashed the impugned order dated 08.06.2020

         whereunder the Disciplinary Authority awarded a major penalty

         of withholding three increments with cumulative effect and

         order dated 31.12.2020 whereunder the writ petitioner’s appeal

         (Memorial) to the Hon’ble Chief Minister was rejected and it

         was held that the writ petitioner is entitled to get entire

         consequential benefits, including his promotion and also arrears

         of his salary.

                      The writ petition was filed by the respondent Kailash

         Prasad seeking for following reliefs :-

                                          “(i) For issuance of writ in the nature of
                                          certiorari for quashing of Memo No.
                                          3859 dated 8.6.2020 issued under the
                                          signature of the Special Secretary, Home
                                          Department (Police Branch), Bihar,
                                          Patna whereby and where under the
                                          petitioner has been awarded major
                                          punishment in form of withholding of
                                          three increments of pay with cumulative
                                          effect without following the procedure for
                                          awarding of major punishment as
                                          stipulated under Rule-17 of Bihar CCA
                                          Rules, 2005.
                                          (ii) For further quashing of the order of
                                          confirmation      passed    against    the
                                          memorial presented by the petitioner
                                          against the award of major punishment
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                                          vide Memo No. 8940 dated 31.12.2020
                                          issued under the signature of the Special
                                          Secretary, Home Department (Police
                                          Branch), Bihar, Patna.
                                          (iii) And for any such other reliefs for
                                          which this Hon'ble Court may deem fit
                                          and proper.”

                      3. It is the case of the writ petitioner that during a

         liquor prohibition drive to strictly implement the newly enacted

         Bihar Prohibition and Excise Act, 2016 (hereinafter referred to

         Act, 2016), a raid was conducted in Hotel Panache, situated

         alongside Gandhi Maidan. In course of such raid, it was found

         that some customers residing in the Panache Hotel were

         indulged in the consumption of liquor in violation of Act, 2016

         and in connection with the raid, Gandhi Maidan P.S. Case No.

         147 of 2016 dated 26.04.2016 was registered and the

         apprehended         accused       persons     were   forwarded    to   the

         jurisdictional Magistrate.

                      4. After lodging of the criminal case, the petitioner

         who was posted as Deputy Superintendent of Police being the

         Superior Officer, was to carry out his duties. It is the case of the

         petitioner that he performed his duty in accordance with law.

         However, ADG (CID) issued a detailed review letter alleging

         procedural lapses in the raid and investigation. The Additional
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         Director General of Police, Patna through Senior Superintendent

         of Police, Patna asked about the status as well as the show cause

         from the petitioner, about his stand regarding investigation of

         the case. The petitioner filed a clarification/explanation, in

         which he pointed out that he had not made any misconduct or

         dereliction of duty. The first memo of charge in Form ‘K’ was

         served on the petitioner who filed a detailed reply on

         24.10.2016, refuting all the allegations about the misconduct

         and the dereliction and side by side he pleaded not guilty. A

         departmental proceeding was recommended against the

         petitioner who submitted his written statement of defence.

                      While the Departmental Proceeding was in progress

         against the petitioner, he also submitted a supplementary show

         cause, in which he stated that under what circumstances the

         Breath Analyzer Test was not conducted during course of

         investigation and more particularly that the Breath Analyzer

         Machine was not available in the police station. The Inquiry

         Officer submitted a report and the Enquiry Report was officially

         communicated to the petitioner. The petitioner submitted his

         final reply pointing at the perversity in the Enquiry Report.

         However the Disciplinary Authority imposed major punishment
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         which was confirmed by the Hon’ble Chief Minister in

         Memorial.

                      5. It is the case of the writ petitioner that the charge

         memo did not contain the list of witnesses which has caused

         serious prejudice to him. It is the further case of the writ

         petitioner that during course of Departmental Proceeding, he

         submitted application, wherein he specifically pointed out that

         such proceeding was conducted in gross violation of Rule 17

         and 18 of Bihar Government Servant (Classification, Control

         and Appeal) Rules, 2005 (hereinafter referred as 2005 Rules).

         Even after such irregularity was pointed out, the Conducting

         Officer continued with the enquiry and ultimately concluded the

         proceeding.

                      6. It is the case of the petitioner that the Departmental

         Enquiry was conducted in a slipshod manner by the Enquiry

         Officer and the report was submitted to the Department of

         Home, without considering the defence taken by the petitioner.

         When the enquiry report was served on the petitioner, he

         submitted detailed reply and pointed out that the enquiry

         suffered from several infirmities and irregularities and he also

         stated that before conclusion of the criminal proceeding initiated
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         in pursuance of Gandhi Maidan P.S. Case No. 147 of 2016, the

         conclusion of the enquiry and giving any kind of adverse report

         would not be proper and justified.

                      7. That in spite of reply to the second show notice, the

         respondent authorities inflicted punishment and awarded

         stoppage of three increments of pay with cumulative effect. The

         petitioner submitted memorial on 06.07.2020 before the

         Hon’ble Chief Minister through the Department of Home

         (Police Branch), which was also rejected vide Memo No. 8940

         dated 31.12.2020 and the punishment awarded to the petitioner

         was confirmed.

                      8. After issuance of notice, counter affidavit was filed

         on behalf of respondent nos. 1 and 3 by one Girish Mohan

         Thakur, Under Secretary, Home Department, Bihar, wherein it is

         stated that there was no illegality in the Departmental

         Proceeding and due opportunity was afforded to the writ

         petitioner and the replies of the petitioner alongwith the

         evidence and materials available on record were duly considered

         at Government level. The punishment was proportionate to the

         charges levelled and since the Departmental Proceeding was

         initiated against the petitioner and conducted according to the
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         rules and procedures without any legal infirmity and the

         petitioner has been given sufficient opportunity to place his

         defence, but he has failed to produce any clinching evidence to

         support his claim and to refute the allegations levelled against

         him, therefore, the order passed by the authorities against the

         petitioner is quite justified.

                      9. The learned Single Judge in the impugned order,

         after hearing the learned counsel for the respective parties and

         going through the pleadings has been pleased to observe as

         follows :-

                                          “8. Perusal of the charge memo issued to
                                          the petitioner clearly shows that along
                                          with the charge memo no list of witnesses
                                          was prepared nor provided to the
                                          petitioner. Perusal of the enquiry report
                                          further shows that during course of
                                          enquiry, the statements of six witnesses
                                          were recorded by the enquiry officer.
                                          However, the enquiry report further
                                          shows that though the statements of six
                                          witnesses were recorded by the enquiry
                                          officer but there is no material available
                                          with the enquiry report which shows that
                                          any opportunity of cross-examination of
                                          those witnesses was given to the
                                          petitioner.
                                                       9. At this juncture, it would
                                          be appropriate to reproduce the
                                          allegations made against the petitioner in
                                          the charge memo, which reads thus:
                                                 3-      vij        iqfyl
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                                                   egkfuns”kd]       vijk/k
                                                   vuqla/kku foHkkx] fcgkj]
                                                   iVuk us leh{kk ds nkSjku
                                                   ik;k fd ;s iukl gksVy
                                                   esa Nkikekjh ds nkSjku
                                                   ojh; iqfyl inkf/kdkjh
                                                   ds :i eas “kkfey FksA
                                                   buds }kjk Nkikekjh ds
                                                   nkSjku        fuEufyf[kr
                                                   visf{kr dkjZokbZ vius
                                                   v/khuLFk           iqfyl
                                                   inkf/kdkfj;ksa ls ugha
                                                   djk;h x;h ftlds dkj.k
                                                   vfHk;kstu i{k detksj
                                                   gqvk ,oa vfHk;qDrksa dks
                                                   ykHk feyk%&

                                                   (A)      ?kVukLFky     dk
                                                   QksVksxzkQh@fofM;ksxzkQh
                                                   ugha djk;h x;hA

                                                   (B) ftl “kjkc ,oa vU;
                                                   lkexzh dks iukl gksVy
                                                   ls tCr dh x;h mldk
                                                   mlh le; tIrh&lwph
                                                   ugha cuok;h x;h cfYd
                                                   dy gksdj rFkkdfFkr
                                                   tIrh lwph ij xokgksa dk
                                                   gLrk{kj fy;k x;kA

                                                   (C) tIr fd;s x, CySd
                                                   MkWx] fVªiy xksYM fjtoZ
                                                   fOgLdh dk mRiknu dsUnz
                                                   ds Hk.Mkj ls fdl
                                                   gkWylsyj ,oa fjVsyj dks
                                                   mDr cSp dk cksry fn;k
                                                   x;k rFkk fjVsyj }kjk
                                                   fdl xzkgd dks cspk
                                                   x;k] dk tkap ugha
                                                   djk;k x;kA

                                                   (D) CyM lSEiy dks cM+s
                                                   ykijokg <+ax ls Fkkuk
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                                                   Lrj ij j[kk x;k vkSj
                                                   13 fnuksa ds ckn tkap
                                                   gsrq      fof/k&iz;ksx”kkyk
                                                   Hkstk x;kA bls buds }
                                                   kjk xaHkhjrk ls ugha fy;k
                                                   x;kA

                                                   (E) tc vfHk;qDrksa dks
                                                   vYdksgy ds izHkko ugha
                                                   jgus      dk      izfrosnu
                                                   fpfdRld }kjk fn;k x;k
                                                   rks buds       }kjk viuh
                                                   ns[k&js[k esa esfMdy cksMZ
                                                   ugha djk;k x;kA

                                                   (F) czsFk     ,ukykbZtj
                                                   ;krk;kr esa miyC/k jgus
                                                   ds     ckotwn     mldks
                                                   buds }kjk mi;ksx esa
                                                   ugha yk;k x;kA
                                                   (G) izkFkfedh vfHk;qDr
                                                   gksVy ekfyd dks        ?
                                                   kVukLFky ij       ekStwn
                                                   jgus        ds ckotwn
                                                   fxjQ~rkjh ugha djk;h
                                                   x;hA

                                                   (H) buds }kjk lgh <+ax
                                                   ls      ojh;       iqfyl
                                                   inkf/kdkjh ds usr`RodrkZ
                                                   ds :i esa fuokZg ugha
                                                   fd;k x;kA

                                                        10. Plain reading of the
                                          said allegations clearly shows that there
                                          were eight allegations made against the
                                          petitioner in the charge memo. The
                                          enquiry officer though recorded the
                                          statements of six witnesses during course
                                          of enquiry, however, without discussing
                                          the evidence, as adduced by the
                                          presenting officer, the enquiry officer has
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                                          given his finding which is also required
                                          to be reproduced herein:
                                                 bl rjg lapkyu ds dze
                                                 esa foHkkxh; dk;Zokgh ds
                                                 izn”kksZa]  lkf{k;ksa      ds
                                                 c;ku ,oa mijksDr rF;ksa
                                                 ls vipkjh Jh dSyk”k
                                                 izlkn] rRdkfyu iqfyl
                                                 mik/kh{kd] uxj] iVuk]
                                                 lEizfr iqfyl mik/kh{kd]
                                                 fc0lS0iq0&03]      cks/kx;k
                                                 ds fo:) xkW/kh eSnku
                                                 Fkkuk dkaM laa0&147@16]
                                                 fn0&26-04-2016]         /kkjk
                                                 47¼,½@53¼ch½@63 fcgkj
                                                 mRikn            ¼lalks/ku½
                                                 vf/kfu;e&2016              esa
                                                 vfHk;kstu      i{k        dks
                                                 visf{kr etcwrh nsus gsrq
                                                 visf{kr dkjZokbZ djus esa
                                                 f”kfFkyrk cjrus ds fy,
                                                 dkaM                       ds
                                                 vuqla/kkudrkZ ,oa ftyk
                                                 Lrj ds vU; iqfyl
                                                 inkf/kdkfj;ksa             ds
                                                 lkFk&lkFk buds fo:)
                                                 Hkh yxk;s x;s&vkjksiksa
                                                 dh iqf’V gksrh gSA buds
                                                 cpko esa ,slk dksbZ rF;
                                                 ugha gS ftlls buds
                                                 fo:) yxk;s x;s vkjksiksa
                                                 dk [k.Mu gks lds
                                                 vkSj ;g lafpdk lacaf/kr
                                                 lHkh dkxtkrksa ,oa nks
                                                 izfr esa eUrO; ds lkFk
                                                 layXu       dj        vxzrj
                                                 dkjZokbZ gsrq okil dh
                                                 tkrh gSA

                                                       11. Perusal of the above
                                          mentioned allegations made against the
                                          petitioner in the charge memo as well as
                                          the finding as referred herein above by
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                                          the enquiry officer, further shows that
                                          without discussing the evidence, as
                                          adduced by the presenting officer upon
                                          each and every allegation, the enquiry
                                          officer has arrived at the conclusion that
                                          all the allegations made against the
                                          petitioner are duly proved. Thus, it is also
                                          clear that the enquiry officer without
                                          scrutinizing the evidence mechanically
                                          arrived at the conclusion that the
                                          charges/allegations made against the
                                          petitioner are duly proved.
                                                       12.         Taking         into
                                          consideration the above materials
                                          available on record and the discussions
                                          made above, it is quite clear that in this
                                          case along with the charge memo, no list
                                          of witnesses were prepared nor provided
                                          to the petitioner Therefore, there is a
                                          clear cut violation of Rule 17 (3) of Bihar
                                          CCA Rules, 2005. It is also clear that
                                          during course of enquiry, six witnesses
                                          were examined by the enquiry officer.
                                          However,      opportunity      of     cross-
                                          examination of those witnesses were also
                                          not provided to the petitioner. It is also
                                          clear that without discussing the
                                          evidence on record with regard to the
                                          each allegation made against the
                                          petitioner,     the     enquiry      officer
                                          mechanically recorded his finding that
                                          the charges levelled against the
                                          petitioner are duly proved. Even after the
                                          reply of show cause submitted by the
                                          petitioner while passing the order of
                                          punishment, the disciplinary authority
                                          has not considered those aspects nor the
                                          authority, who decided the memorial at
                                          the time of deciding the memorial of the
                                          petitioner, considered this aspect. In the
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                                          light of the above, both the impugned
                                          orders dated 08.06.2020 (Annexure-11)
                                          and 31.12.2020 (Annexure-13) are liable
                                          to be set aside.
                                                      13. Resultantly, the writ
                                          petition is allowed.”

                      10. The learned counsel appearing for the State

         submits that the main reason on which the impugned order has

         been passed is that the Disciplinary Proceeding suffers from

         technicality to the extent of non-furnishing the names of

         witnesses to the petitioner, which had caused prejudice to the

         writ petitioner, hence the matter may be relegated to the

         Disciplinary authority to proceed afresh. He argued that

         Division Bench of this Court in Letters Patent Appeal No. 1324

         of 2019 vide order dated 20.02.2025, having taken note of

         inconsistent views of two different Division Bench on such

         issue has referred the matter to the larger Bench for

         consideration and since the reference is yet to be answered, this

         Letters Patent Appeal hearing should be deferred. The order is

         placed before us, which is taken on record.

                      11. The learned Senior Counsel appearing for the

         respondent, on the other hand contended that the issue involved

         in this case is not only the technicality aspect, but also on the

         other grounds and therefore, this case can be decided and there
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         is no need to wait for the result of the decision to be taken by

         the larger Bench in terms with the reference made on

         20.02.2025 passed in the Letters Patent Appeal No. 1324 of

         2019.

                      12. The learned Senior Counsel placed the charges

         and also the finding and the second show cause submitted by the

         writ petitioner as also the impugned order. She also placed

         reliance upon the Division Bench decisions of this Court in the

         case of Srikant Singh vs. The State of Bihar & Ors. in Letters

         Patent Appeal No. 58 of 2024, dated 03.09.2024 and The State

         of Bihar & Ors. vs. Anil Kumar Sinha, in Letters Patent

         Appeal No. 770 of 2024, order dated 20.11.2024.

                      In the case of Srikant Singh (supra), after considering

         the ratio laid down in the case of Union of India & Ors. vs.

         Mohd. Ramzan Khan reported in (1991) 1 SCC 588 and

         Managing Director, ECIL, Hyderabad & Ors. vs B.

         Karunakar & Ors. reported in (1993) 4 SCC 727 and Union of

         India & Ors. vs. P. Gunnasekaran reported in (2015) 2 SCC

         610. It has been observed as follows :-

                                          “6. A remand on finding the enquiry
                                          proceeding to be vitiated on a technical
                                          ground; is to avoid prejudice to the
                                          delinquent employee. As has been held, it
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                                          is not a measure to cover up the
                                          negligence or laxity of the Disciplinary
                                          Authority in conducting a proper enquiry.
                                          Even in Prabhat Kumar (supra) though a
                                          disciplinary enquiry was constituted,
                                          since the delinquent did not appear in the
                                          departmental proceedings, he stood
                                          terminated, without conducting the
                                          enquiry. This is again a technical defect
                                          which could have been cured by the
                                          Enquiring Authority by proceeding with
                                          the enquiry after declaring the delinquent
                                          ex parte and allowing the witnesses to
                                          produce the documents, which would
                                          prove the charge. This is quite distinct
                                          from the facts of the present case, which
                                          clearly indicate that despite a
                                          disciplinary enquiry there was no witness
                                          examined.
                                          7. Mere production of documents would
                                          not be valid evidence, was the finding in
                                          Roop Singh Negi (supra). In the present
                                          case, the complainant could have been
                                          examined or at least, the officer who
                                          carried out the trap could have been
                                          examined. The Presenting Officer
                                          appointed by the Disciplinary Authority
                                          merely produced certain documents,
                                          which indicated that a trap case was filed
                                          against the petitioner. Such production of
                                          documents without examination of
                                          witnesses to prove the same cannot be
                                          sustained, as has been held in Roop
                                          Singh Negi (supra). We also place
                                          reliance on the judgment in Vikash
                                          Kumar (supra).”

                      13. In the case of Anil Kumar Sinha (supra), in

         Letters Patent Appeal No. 770 of 2024, it has been held as
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         follows :-

                                  “20. So far as the submission of the learned
                                  Additional Advocate General that the case
                                  should atleast have been remanded back for
                                  proceeding afresh from the stage, the
                                  departmental proceeding was considered
                                  defective, is concerned, it would be relevant to
                                  refer to the Division Bench judgment dated
                                  21.8.2024 of this Court in LPA no. 446 of 2024
                                  (The State of Bihar & Ors. vs Vikas Kumar)
                                  wherein this Court held as follows :-
                                         “6. Faced with the above prospect, the
                                         learned Advocate General urged that this
                                         was a fit case where the learned Single
                                         Judge ought to have remanded the matter
                                         to the Enquiry Officer.
                                         7. We beg to differ, since the ground on
                                         which the dismissal order was interfered
                                         with, was not a technical defect in the
                                         conduct of the enquiry. It is only when
                                         the termination of an employee is faulted
                                         on a technical ground, there is need for a
                                         remand on the ground inter alia of
                                         violation of principles of natural justice;
                                         so as to resume the enquiry from the
                                         stage at which the technical defect is
                                         noticed. Where, in an enquiry carried
                                         out, there was no proper evidence led, the
                                         management cannot be allowed to
                                         correct its mistake by making a remand
                                         and permitting fresh evidence to be led to
                                         find the delinquent employee guilty of the
                                         misconduct.
                                         8. The decisions in Union of India v.
                                         Mohd. Ramzan Khan, (1991) 1 SCC 588
                                         and ECIL v. B. Karunakar, (1993) 4
                                         SCC 727; considered the issue of denial
                                         of reasonable opportunity, when the
                                         enquiry report was not supplied to the
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                                          delinquent employee; after the 42nd
                                          amendment of the Constitution of India.
                                          Before the 42nd amendment of the
                                          Constitution, there was a requirement to
                                          issue notice to the delinquent employee to
                                          show-cause against the punishment
                                          proposed, for which a reasonable
                                          opportunity of making representation on
                                          the penalty proposed was a mandatory
                                          condition under Article 311 (2) of the
                                          Constitution of India. The 42nd
                                          amendment removed the above condition
                                          and it was the contention of the
                                          employers that there was no requirement
                                          to supply the enquiry report. It was
                                          categorically held that whenever the
                                          Enquiry Officer is someone other than
                                          the Disciplinary Authority and the report
                                          of the Enquiry Officer holds the employee
                                          guilty of all or any of the charges; with
                                          proposal for any punishment or not, the
                                          delinquent employee is entitled to a copy
                                          of the report to enable him to make a
                                          representation to the Disciplinary
                                          Authority against the findings in the
                                          report.
                                          9. The non-furnishing of the report,
                                          hence amounts to violation of principles
                                          of natural justice; in which context a
                                          remand is necessitated, to supply the
                                          enquiry report and afford a reasonable
                                          opportunity to the delinquent to represent
                                          against the prejudicial findings. The
                                          remand is to cure the technical defect, so
                                          as to avoid any prejudice being caused to
                                          the delinquent, by reason of denial of a
                                          reasonable opportunity, before being
                                          penalized and not to clear up the lacuna
                                          committed by the Management in the
                                          conduct of the enquiry; especially when
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                                         the enquiry was carried out in a
                                         negligent manner without adducing any
                                         valid evidence.
                                         10. ECIL (supra) by a larger Bench, on a
                                         reference made, reaffirmed the dictum in
                                         Mohd. Ramzan Khan (supra). These
                                         were cases in which the Hon’ble Supreme
                                         Court found that a reasonable
                                         opportunity, to defend the allegation of
                                         misconduct levelled and represent
                                         against the findings of the enquiry report,
                                         was not afforded to the delinquent
                                         employee; in which case alone there
                                         could be a remand made for the purpose
                                         of curing the defect and affording a
                                         reasonable opportunity to the delinquent
                                         employee.”
                                  21. Further relying on the judgment of the
                                  Hon’ble Supreme Court in the case of Union of
                                  India & Ors vs. P. Gunasekaran; (2015) 2 SCC
                                  610, this Court in the case of Vikash Kumar
                                  (supra) further proceeded to hold as follows :-
                                                “12. From the above extract it is
                                                very clear that the High Court
                                                under Article 226/227 is entitled
                                                to interfere when the finding of
                                                fact is based on no evidence. If in
                                                every case where no valid
                                                evidence is led at the enquiry
                                                proceedings, 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
                                                also the Presenting Officer. We
                                                would think that the Presenting
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                                            18/21




                                                 Officer would be well versed in
                                                 the procedures and also be
                                                 informed of the manner in which
                                                 evidence has to be led before the
                                                 Enquiry Officer to prove the
                                                 misconduct alleged against the
                                                 delinquent employee.
                                                 13. In disciplinary enquiry
                                                 proceedings, 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 required in a criminal
                                                 prosecution. However, if there is
                                                 no evidence led at the enquiry,
                                                 there is no question of any
                                                 preponderance of probability
                                                 being drawn to find the
                                                 allegations proved nor can the
                                                 delinquent be penalized on the
                                                 basis of peremptory findings
                                                 without any valid evidence.”
                                  22. Coming to the facts of the instant case, this
                                  Court finds that no document having been
                                  brought on evidence except for the letter dated
                                  10.12.2014 of the Vigilance Investigation
                                  Bureau and more so, not a single witness having
                                  been examined to prove the charges against the
                                  writ petitioner, it is a case of no evidence having
                                  been led against the writ petitioner in the
                                  departmental proceeding. The case not being
                                  one of technical defect caused to the delinquent
                                  as may occur on account of non-supply of
                                  enquiry report, order remanding the matter, in
                                  terms of the judgment in the case of Vikash
                                  Kumar (supra) would amount to ‘offering a
                                  premium to the negligence of the Management/
                                  Disciplinary Authority and condoning the levity
                                  with which the departmental enquiry was
Patna High Court L.P.A No.1044 of 2025 dt.19-02-2026
                                            19/21




                                  conducted’.
                                  23. Thus, in view of the facts and circumstances
                                  of the case, the Court finds the order of
                                  punishment and the appellate order to be
                                  unsustainable and the learned Single Judge has
                                  rightly quashed both the orders and allowed the
                                  writ application with all consequential financial
                                  benefits.”


                      14. On perusal of the impugned order, we are of the

         view that the prayer of the petitioner was not allowed solely on

         the ground of technicality in the disciplinary proceeding to the

         extent of non-supply of list of witnesses. The reasons have been

         given as to how the enquiry officer even after recording the

         statements of six witnesses during course of enquiry, without

         discussing the evidence, has given the findings against the

         petitioner. The learned Single Judge has also observed that once

         the evidence has not been scrutinized and in a mechanical

         manner, the conclusions has been arrived at, that the charges and

         allegations made against the petitioner are duly proved, the

         same is not sustainable in the eyes of law.

                      Apart from such finding, of course, it has been held

         that there is clear violation of the Rule 17(3) of Bihar CCA

         Rules, 2005, however, it has been held that the opportunity of

         cross-examination of those witnesses were also not provided to
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                                            20/21




         the writ petitioner. It has been also held that when the reply to

         the show cause was submitted by the petitioner, while passing

         the order of punishment, the Disciplinary Authority ought to

         have considered the same.

                      Therefore the submission that has been raised by the

         learned counsel for the State that the matter be deferred till a

         decision is taken by the larger Bench as per the reference made

         is in no way applicable in this case. The impugned order has

         been passed and the orders dated 08.06.2020 and 31.12.2020,

         which were challenged by the petitioner, were set aside on

         various grounds and not only on the ground of non-compliance

         of the provision under Rule 17(3) of 2005 Rules. We are of the

         humble view that if on the basis of other grounds apart from the

         ground of non-compliance of the provision under Rule 17(3) of

         2005 Rules, the impugned order is sustainable, there is no need

         for awaiting the reference judgment.

                      15. After perusing the impugned order, we are of the

         view that there is no perversity or illegality in it and no palpable

         unreasonableness in the impugned order or it cannot be said that

         it is inconsistent with any position of law. Law is well settled

         that Appellate Bench shall not disturb the finding of the Single
             Patna High Court L.P.A No.1044 of 2025 dt.19-02-2026
                                                         21/21




                      Bench merely because another view or a better view is possible.

                      Letters Patent Appeal provides an internal check and balance,

                      ensuring judicial oversight and protecting citizens’ rights by

                      allowing for a more thorough review of a Single Judge’s

                      decision.

                                     In the limited scope of interference with the Single

                      Judge order in the Letters Patent Appeal, which is of a

                      corrective jurisdiction, we are not inclined to interfere with the

                      same.

                                   Accordingly, the Letters Patent Appeal stands

                      dismissed.




                                            (Sangam Kumar Sahoo, CJ)


                                                    (Harish Kumar, J)
supratim/-
AFR/NAFR                      NAFR
CAV DATE                      NA
Uploading Date                25.02.2026
Transmission Date             NA


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