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Patna High Court

BiharversusIndrajit Saxena

Decided
Disposal
DISMISSED

Holding

The appellate bench affirmed the Single Judge’s order, holding that the disciplinary authority’s failure to consider the explanation violated natural justice and there was no perversity to disturb the finding.

Summary

The respondent, a former Assistant Engineer, was punished with withholding of two increments after a show‑cause notice and a disciplinary inquiry. He filed a writ petition alleging that the disciplinary authority did not consider his written explanation, violating natural justice. The Single Judge set aside the punishment orders, holding the failure to consider the explanation was a breach of procedural fairness. The State appealed, contending that the explanation had been examined and that the Single Judge’s findings were not perverse. The Division Bench examined the scope of interference in an intra‑court appeal and, relying on Supreme Court precedents, concluded that the Single Judge’s findings were not perverse and that the natural‑justice violation justified upholding the order. Consequently, the appellate court affirmed the Single Judge’s decision and dismissed the appeal.

Issues considered

  • Did the disciplinary authority violate the principles of natural justice by not considering the respondent's explanation before imposing punishment?
  • Can the order of the Single Judge setting aside the punishment be disturbed in an intra‑court appeal under the Letters Patent?
  • Should the matter be remanded to the disciplinary authority given the respondent's retirement and the minor nature of the punishment?

Subjects

  • natural justice
  • disciplinary action
  • intra‑court appeal
  • letters patent appeal
  • service law
  • procedural fairness
  • punishment

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Letters Patent Appeal No.660 of 2023
                                          In
                    Civil Writ Jurisdiction Case No.10402 of 2016
     ======================================================
1.    The State of Bihar
2.   The Principal Secretary, Water Resources Department, Bihar, Patna
3.   The Prinicpal Secretary, Disasters Management Department, Bihar, Patna
4.   The Joint Secretary, Water Resources Department, Bihar, Patna
5.   The Additional Secretary Water Resources Department, Bihar, Patna
6.   The Deputy Secretary Water Resources Department, Bihar, Patna
7.   The Under Secretary, Water Resources Department, Bihar, Patna
8.   The Engineer-in-chief North, Water Resources Department, Bihar, Patna
9.   The Chief Engineer, Water Resources Department, Purnia
10. The Chief Engineer, Water Science and Scheme Arrangement, Department
    of Water Resources, Bihar, Patna
11. The Superintending Engineer, Mahananda Flood Control Circle, Katihar
12. The Superintending Engineer, Flood Scheme and Monitoring Anchal, Water
    Resources Department, Patna
13. The Superintending Engineer, Flood Control Division, Katihar
14. The Executive Engineer, Flood Control Division, Katihar
15. The Executive Engineer, Flying Squad Division No. 7, Water Resources
    Department, Patna
16. The Assistant Engineer, Flying Squad Circle, Water Resources Department,
    Patna

                                                                ... ... Appellant/s
                                       Versus

     Indrajit Saxena Son of Late Anup Ram Resident of Shishmahal Apartment,
     Block - B, Flat No. 4B, Near Bahadurpur Gumti, P.S. - Bahadurpur, District -
     Patna

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :      Mr. Shailesh Kumar, AC to GP-5
     For the Respondent/s   :      Mr.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
             and
             HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                           ORAL ORDER

     (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
         Patna High Court L.P.A No.660 of 2023(4) dt.31-03-2026
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4   31-03-2026                    Heard learned counsel for the parties.

                                2. The present intra court appeal is directed against

                   the order dated 12.01.2023, passed in CWJC No. 10402 of

                   2016, whereby the learned Single Judge has allowed the writ

                   petition and set aside the orders dated 24.12.2012 (Annexure-2

                   to the Writ Petition) and 01.04.2015 (Annexure-4 to the Writ

                   Petition).

                                3. The brief facts of the case are that the respondent

                   (Writ Petitioner) was appointed as an Assistant Engineer in the

                   concerned department on 04.07.1987. Subsequently, he was

                   promoted to the posts of Executive Engineer, Superintending

                   Engineer, and Chief Engineer. On 04.02.2010, the respondent

                   was issued a show cause notice, directing him to explain the

                   charges levelled against him. The respondent submitted his

                   reply dated 25.08.2010 and pursuant thereto, an order of

                   punishment dated 24.12.2012 was passed. Thereafter, he

                   preferred a review of the said order before the Principal

                   Secretary, Water Resources Department, which came to be

                   dismissed vide order dated 01.04.2015, and the order of

                   punishment was affirmed.

                                4. The writ petitioner challenged the aforesaid orders

                   of punishment before the learned Single Judge on the ground
Patna High Court L.P.A No.660 of 2023(4) dt.31-03-2026
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          that the explanation/reply which was furnished by the petitioner

          has not been considered by the concerned authorities. The

          learned Single Judge allowed the writ petition and held that

          while passing the order imposing punishment, the concerned

          authorities did not consider the explanation of the petitioner. As

          such, the impugned orders were passed in violation to the

          principles of Natural Justice. The relevant paragraphs of the

          order of learned Single Judge is reproduced as under:

                                                “Having heard the rival submissions of
                                   the parties and taking into consideration the
                                   materials available on record, it is clear that while
                                   passing the order of punishment the Disciplinary
                                   Authority failed to take into consideration the reply
                                   filed by the petitioner. It is has rightly been
                                   submitted by the petitioner that recording of reason
                                   is a principle of natural justice.
                                                Order imposing punishment does not
                                   disclose at all any application of mind as to why
                                   petitioner’s representation against finding recorded
                                   by Inquiring Authority have not been accepted. It is
                                   mandatory for the Disciplinary Authority to deal
                                   with the explanation filed by the delinquent while
                                   exercising power under Disciplinary Rules. Non
                                   compliance of it will result into violation of natural
                                   justice and breach of statutory provision itself.
                                                Since the petitioner has retired from
                                   service in the year 2017 and minor punishment has
                                   been imposed against him, this court holds that it
                                   would not be proper, at this stage, to remit the
                                   matter back to the Disciplinary Authority to
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                                   consider the matter afresh.
                                                In the result, this writ application is
                                   allowed and the impugned orders as contained in
                                   memo No. 1429 dated 24.12.2012 (Annexure-2 to
                                   the writ petition) and in memo No. 797 dated
                                   01.04.2015 (Annexure-4 to the writ petition) are
                                   hereby set aside. The petitioner is, accordingly, also
                                   held to be entitled to the consequential benefits, if
                                   any.”


                       5. Learned counsel for the appellant submits that an

          explanation had been sought from the respondent on

          04.02.2010, in pursuance to which the respondent had submitted

          his reply dated 25.08.2010. The said reply/explanation had been

          examined at government level, and after considering such reply

          the department had passed the order dated 24.12.2012. The

          respondent was alleged to be negligent in his act, and committed

          latches in his supervision.

                       6. Learned counsel for the appellant further submits

          that orders of the department were passed after exercising due

          process of departmental proceeding in due observance of the

          principles of natural justice.

                       7. Upon perusal of orders of the department, it is

          evident that the explanation which was submitted by the

          respondent (Writ Petitioner) on 25.08.2010, has not been

          considered in the order imposing punishment dated 24.12.2012.
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          The explanation submitted had not been discussed by the

          authorities, and no specific finding on the said explanation was

          given. As such, it is evident that the concerned authorities had

          not applied their minds with respect to the explanation given by

          the     respondent.       Thus,      such      non-consideration   of   the

          reply/explanation submitted by the respondent would amount to

          violation of Principles of Natural Justice.

                       8. Further, the appellants have been unable to show

          that the explanation submitted by the respondent was considered

          by the concerned authorities. No relevant documents or

          materials have been brought on record to show that such reply

          of the respondent was considered. Thus, the appellants have

          been unable to dislodge the findings of the learned Single Judge.

                       9. The punishment of withholding two increments is

          non-cumulative, and is a minor punishment. Since the writ

          petitioner has superannuated from the service way back in the

          year 2017, in that view of the matter, it seems inappropriate to

          remand the matter to the disciplinary authority for fresh

          consideration.

                       10. In view of the aforesaid, this Court proceeds to

          examine the matter within the limited scope of interference

          available in an intra court appeal. It is well settled that in
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          exercise of jurisdiction under Letters Patent, this Court does not

          sit as a court of appeal over findings of fact unless the same are

          shown to be perverse or based on no evidence. At this juncture,

          it is pertinent to take note of the judgement rendered by the

          Hon’ble Supreme Court while deciding the case of Umabai v.

          Nilkanth Dhondiba Chavan, reported in (2005) 6 SCC 243,

          wherein following observation was made:

                                                 “52. It may be, as has been held in
                                   Asha Devi [(1974) 2 SCC 492] that the power of
                                   the appellate court in intra-court appeal is not
                                   exactly the same as contained in Section 100 of the
                                   Code of Civil Procedure but it is also well known
                                   that entertainment of a letters patent appeal is
                                   discretionary and normally the Division Bench
                                   would not, unless there exist cogent reasons, differ
                                   from a finding of fact arrived at by the learned
                                   Single Judge. Even as noticed hereinbefore, a court
                                   of first appeal which is the final court of appeal on
                                   fact may have to exercise some amount of
                                   restraint.”


                       11. It is also relevant to take note of the Judgment of

          the Hon’ble Supreme Court in Narendra & Co. (P) Ltd. v.

          Workmen, reported in (2016) 3 SCC 340, wherein the

          following observation was made:

                                                 “5. …..Be that as it may, in an intra-
                                   court appeal, on a finding of fact, unless the
                                   Appellate Bench reaches a conclusion that the
                                   finding of the Single Bench is perverse, it shall not
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                                              disturb the same. Merely because another view or
                                              a better view is possible, there should be no
                                              interference with or disturbance of the order
                                              passed by the Single Judge, unless both sides agree
                                              for a fairer approach on relief.”


                                  12. Considering the fact that the principles of natural

                     justice were not followed while passing the order imposing

                     punishment, and in view of the discussions made above, we find

                     no perversity or illegality in the order passed by the Writ Court.

                                  13. The order of the learned Single Judge stands

                     affirmed, and the directions made therein shall follow.

                                  14. Accordingly, the present intra court appeal stands

                     dismissed.

                                  15. Pending application(s), if any, shall also stand

                     disposed of.



                                                  (Sudhir Singh, J)


                                                (Shailendra Singh, J)
Sachin/-

U


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