Satish Kumar vs The State Of Bihar on 19 March, 2026

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    Patna High Court

    Satish Kumar vs The State Of Bihar on 19 March, 2026

             IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.2726 of 2022
         ======================================================
         Satish Kumar S/o Ram Chandra Prasad Singh, Resident of J-89 P.C. Colony,
         Kankarbagh, P.S. - Kankarbagh, District - Patna.
                                                                 ... ... Petitioner/s
                                           Versus
    
    1.   The State of Bihar through the Principal Secretary, Water Resources
         Department, Bihar, Patna.
    2.   The Joint Secretary, Water Resources Department, Bihar, Patna.
    3.   The Principal Secretary, General Administration Department, Government
         of Bihar.
    4.   The Engineer in Chief, Water Resources Department, Govt. of Bihar, Patna.
    5.   The Chief Engineer, Flood Control and Water Drainage, Water Resources
         Department, Muzaffarpur.
    6.   The Superintending Engineer, Flood Control Planning and Monitoring
         Circle, Water Resources Department, Bihar, Patna.
    7.   Secretary, Bihar Public Service Commission, Patna.
    
                                                   ... ... Respondent/s
         ======================================================
         Appearance :
         For the Petitioner/s   :      Mr. Sourav Suman, Advocate
         For the Respondent/s   :      Mr. Sumant Kumar Singh, AC to GA-2
         For the BPSC           :      Mr. Sanjay Pandey, Advocate
                                :      Mr. Nishant Kumar Jha, Advocate
                                :      Mr. Prabhakar Pahepuri, Advocate
         ======================================================
         CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
         CAV JUDGMENT
          Date : 25-03-2026
    
    
                         Heard the parties.
    
                         2. The present writ petition has been filed for
    
          setting aside the order dated 25.06.2019, wherein the petitioner
    
          has been inflicted with the punishment of permanent reduction
    
          to three pay stage in time scale of pay and further it has been
    
          directed that the petitioner shall not be paid any increments in
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             future. Further prayer is for quashing the order dated
    
             21.07.2020

    passed by the respondent authorities, where-under

    the appeal was rejected without considering the facts which is

    SPONSORED

    bad in law and is arbitrary, illegal, perverse and opposed to law

    and therefore, the same ought to be struck down. Further prayer

    in the writ petition is for quashing the enquiry report issued

    vide Inquiry Officer’s letter no. 98 dated 22.05.2018 wherein

    charge nos.1 & 7 have been found to be proved and the charge

    nos. 2, 4 & 6 have been found to be partially proved against the

    petitioner without considering the reply filed by the petitioner

    and the documents available on record. Further prayer in the

    writ petition is for payment of all consequential benefits to the

    petitioner due to the order passed in the departmental

    proceeding as contained in Memo No. 1258 dated 25.06.2019

    and Memo No. 1608 dated 14.09.2017. Further prayer in the

    writ petition is for commanding the respondent authorities to

    pay all consequential benefits to the petitioner, including

    arrears of salary after taking into consideration all the

    promotions, increments and pay revisions applicable to the

    petitioner along with interest thereupon.

    3. Vide order dated 24.09.2024, additional prayers

    have been incorporated pursuant to the relief sought for in the
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    Interlocutory Application No.1 of 2024, which are as follows:-

    “For quashing of the entire departmental

    proceeding initiated against the petitioner, as none of the

    statutory and mandatory procedures were followed and the

    departmental proceeding was initiated and proceeded as against

    the petitioner and punishment order was issued as against the

    petitioner, no any show cause was ever asked from the

    petitioner prior to initiation of Prapatra ‘KA’ (memo of charge)

    as against the petitioner and moreover, along with memo of

    charge no any list of witnesses were annexed. Further prayer is

    for holding the entire departmental proceeding conducted

    against the petitioner is bad in law and for quashing the entire

    departmental proceeding initiated against the petitioner for the

    vague charges for which he is not at all responsible as he has

    followed the instructions and directions/orders of his senior

    authorities and being biased as against the petitioner with

    ulterior motive, no any witness were examined or cross

    examined. Further prayer in the writ petition is for quashing

    the second show cause notice as contained in letter No. 1197

    dated 29.05.2018, as the enquiry was not conducted by the

    enquiry officer in accordance with law, since no any witnesses

    were examined or cross examined and moreover the second
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    show cause notice does not contain any proposal of punishment

    as against the petitioner, the petitioner was never confronted

    with the proposed punishment as against him, which is in

    violation of principles of natural justice. Further prayer is for

    grant of permission to implead the Secretary Bihar Public

    Service Commission as respondent no.7 in the writ application.

    Further prayer in the writ petition is for quashing of notification

    as contained in Memo No. 1360 dated 08.06.2022 issued under

    the signature of the Deputy Secretary to the Government

    whereby and whereunder it has erroneously been ordered that

    except subsistence allowance for the period of suspension i.e.

    from 14.09.2017 to 24.09.2018, nothing will be paid. For

    prayer in the writ petition is for commanding the respondent

    authorities to pay entire amount of salary and allowances for

    the period under which the petitioner was put under

    suspension.”

    4. The brief facts giving rise to the present writ

    petition are that the petitioner was posted as Executive

    Engineer in the Bagmati Division, Runnisaidpur vide

    departmental notification contained in Memo No. 2027 dated

    23.06.2017. Certain allegations were levelled against the

    petitioner and he was put under suspension, in contemplation of
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    departmental proceeding. The petitioner was put under

    suspension vide Memo No. 1608 dated 14.09.2017 issued

    under the signature of the Joint Secretary to the Government,

    Water Resources Department, Government of Bihar, Patna, for

    the alleged act of negligence and in not performing his duties

    on 14.08.2017, due to which the left embankment of River

    Bagmati was breached, which resulted in damage/loss of life. A

    decision was taken to initiate departmental proceeding against

    the petitioner, for his alleged act of negligence and dereliction

    of duty. Accordingly, vide Memo No. 1691 dated 20.09.2017

    issued under the signature of the Joint Secretary, Water

    Resources Department, Government of Bihar, Patna a decision

    was taken to initiate departmental proceeding against the

    petitioner and the enquiry officer as well as the presenting

    officer were appointed and it was directed that the petitioner

    will submit his show cause, with the permission of the enquiry

    officer and to appear before him in person. Memo of charge

    was also provided to the petitioner along with the letter dated

    20.09.2017 wherein 10 charges were levelled against the

    petitioner. Along with the memo of charge, no documents were

    provided to the petitioner and even along with memo of charge

    (Prapatra-KA) no list of witnesses or documents were
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    mentioned, except the letter no. 01(C) dated 15.08.2017 of the

    Chief Engineer, Flood Control and Water Resource,

    Muzaffarpur, which is the letter by which the Chief Engineer

    recommended to the Principal Secretary of the Department for

    taking action.

    5. The learned counsel for the petitioner submits

    that the petitioner submitted a representation by his letter dated

    26.09.2017, addressed to the Principal Secretary, Water

    Resources Department, Government of Bihar, Patna wherein he

    requested for adhering to certain provisions contained under the

    Rule for initiating departmental proceeding. When no action

    was taken on the request made by the petitioner before the

    Principal Secretary, Water Resources Department, Government

    of Bihar, Patna, the petitioner was constrained to file his show

    cause reply on 09.10.2017, before the Joint Secretary-Cum-

    Conducting Officer, wherein he denied all the charges levelled

    against him and requested the enquiry officer to exonerate him

    from the charges levelled against him.

    6. The learned counsel for the petitioner further

    submits that immediately thereafter vide letter no. 03/Patna

    dated 18.10.2017 the petitioner requested the enquiry officer to

    direct the presenting officer to provide him the relevant
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    documents on the basis of which, the departmental proceeding

    has been initiated and on the basis of which, the charges against

    the petitioner are proposed to be proved. In the said letter, the

    petitioner also informed the enquiry officer that on the date

    fixed in the enquiry proceeding i.e. 09.10.2017, the petitioner

    had orally informed the enquiry officer for providing the said

    documents, but till date, the same has not been provided, so that

    he can file his detail reply in the departmental proceeding.

    Subsequently, vide Letter No. 1921 dated 01.11.2017 issued

    under the signature of the Joint Secretary to the Government,

    Water Resources Department, Government of Bihar, Patna,

    addressed to the enquiry officer, it was directed that the letter of

    the Chief Engineer, Flood Control and Water Resource,

    Muzaffarpur has also been annexed with the memo of charge

    and those documents are being asked for by the delinquent,

    which has got no relation to the charges levelled against him

    and no documents can be asked for by a delinquent, which has

    got no concern with the charge and directed the enquiry officer

    to proceed against the petitioner and certain other delinquent.

    Left with no option, the petitioner vide his Letter No. 07/Patna

    dated 20.11.2017 submitted his show cause reply before the

    enquiry officer, wherein he again denied all the charges levelled
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    against him, by giving reply to each and every charge, along

    with certain documents in support thereof.

    7. The learned counsel for the petitioner further

    submits that the petitioner was against constrained to submit

    representation before the enquiry officer vide his letter no.

    06/Patna dated 09.11.2017, wherein he again requested the

    enquiry officer to provide him the requisite/required documents

    and by referring to and enclosing the different letters and

    circulars of the State Government, with regard to conducting

    the departmental proceeding, requested the enquiry officer to

    adhere to the said directions, since the enquiry officer was not

    taking signature of the petitioner on the order-sheets to suggest

    that the petitioner was appearing on each and every date, to

    cooperate in the enquiry proceeding. Again vide letter no.

    08/Patna dated 27.11.2017 addressed to the enquiry officer, the

    petitioner submitted his explanation in the departmental

    proceeding, wherein he again denied all the charges levelled

    against him and requested the enquiry officer to exonerate the

    petitioner from the charges levelled against him.

    8. The learned counsel for the petitioner further

    submits that vide Memo No. 132 dated 20.10.2017 issued under

    the signature of the Enquiry Officer, addressed to the Joint
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    Secretary (Vigilance), Water Resources Department, Patna, a

    request was made to immediately provide the documents asked

    for by different persons, including the petitioner, against whom

    departmental proceeding was going on, so that the departmental

    proceeding can be concluded within specified time. Again vide

    Memo No. 2217 dated 14.12.2017 issued under the signature of

    the Joint Secretary to the Government, Water Resources

    Department, Government of Bihar, Patna addressed to the Chief

    Engineer, Flood Control and Water Resources, Water Resources

    Department, Muzaffarpur it was directed/requested to give his

    opinion with regard to the show cause reply submitted by the

    petitioner, since the departmental proceeding was initiated

    against the petitioner, on the basis of the complaint made by the

    said Chief Engineer.

    9. The learned counsel for the petitioner further

    submits that the Chief Engineer showed his inability to provide

    his comments on the reply submitted by the petitioner, since at

    the relevant time the said Chief Engineer was not posted in

    Bagmati Division. Thereafter, vide Memo No. 199 dated

    20.02.2018 issued under the signature of the Joint Secretary to

    the Government, Water Resources Department, Government of

    Bihar, Patna addressed to the Superintending Engineer, Flood
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    Control and Monitoring Circle, Water Resources Department,

    Bihar, Patna a request was made to give para-wise comment on

    the reply/show cause reply submitted by the different engineers,

    including the petitioner, against whom departmental proceeding

    is continuing. Vide Memo No. 777 dated 21.03.2018 issued

    under the signature of the Joint Secretary, Water Resources

    Department, Government of Bihar, Patna addressed to the

    Enquiry Officer, it was informed that the comments have been

    received from the office of the Superintending Engineer, Flood

    Control and Monitoring Circle, Patna, which is being annexed

    with the said letter and a request was made to the enquiry officer

    to proceed with the departmental enquiry. Finally, vide Letter

    No. 98 dated 22.05.2018 issued under the signature of the

    Enquiry Officer, addressed to the Joint Secretary to the

    Government, Water Resources Department, Government of

    Bihar, Patna, the enquiry report was submitted, wherein the

    enquiry officer found the charge nos.1 & 7 to be proved, while

    charge nos. 2, 4 & 6 were found to be partially proved and the

    charge nos. 3, 5, 8, 9 & 10 were found to be not proved. After

    submission of the enquiry report, vide letter no. 1197 dated

    29.05.2018 issued under the signature of the Joint Secretary to

    the Government, Water Resources Department, Government of
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    Bihar, Patna, the petitioner was directed to file his second show

    cause reply and in compliance thereof, vide Letter No. 25/Patna

    dated 12.06.2018, the petitioner submitted his reply to the 2nd

    show cause notice issued to him, wherein he again denied all the

    charges levelled against him and in support of the same he

    submitted/provided the relevant documents with his reply.

    10. The learned counsel for the petitioner further

    submits that vide Letter No. 2141 dated 25.09.2018 issued under

    the signature of the Joint Secretary to the Government, Water

    Resources Department, Government of Bihar, Patna the

    suspension of the petitioner was revoked and it was decided to

    impose punishment against the petitioner. Finally vide order

    contained in Memo No. 1258 dated 25.06.2019 issued under the

    signature of the Additional Secretary to the Government, Water

    Resources Department, Government of Bihar, Patna the

    petitioner was inflicted with punishment of permanent reduction

    of 3 pay stages in the time scale of pay and it was further

    directed that no further increments will be payable to the

    petitioner. In the punishment order it was further mentioned that

    opinion of the Bihar Public Service Commission was also taken

    on the proposed punishment and the BPSC has given its

    concurrence vide Letter No. 520 dated 07.06.2019 on the
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    proposed punishment against the petitioner. The petitioner

    immediately thereafter vide Letter No. 813 dated 07.08.2019

    filed a review petition before the Additional Chief Secretary,

    Water Resources Department, Patna against the punishment

    imposed on him by the disciplinary authority. Along with the

    review petition, the petitioner annexed all the relevant

    documents again, by preparing a complete chart of the

    documents, for the perusal of the Additional Chief Secretary and

    requested him to take appropriate decision in view of the facts

    mentioned in the review petition.

    11. The learned counsel for the petitioner further

    submits that the review petition filed by the petitioner was

    rejected by the competent authority and the same was

    communicated to the petitioner vide Memo No. 970 dated

    21.07.2020 issued under the signature of the Additional

    Secretary to the Government, Water Resources Department,

    Government of Bihar, Patna. The authority concerned did not

    take into consideration the documents annexed by the petitioner,

    along with his review petition and proceeded to reject the claim

    of the petitioner only on the basis of the enquiry report and the

    order passed by the disciplinary authority.

    12. The learned counsel for the petitioner further
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    submits that vide Letter No. 949 dated 27.08.2021 issued under

    the signature of the Additional Secretary to the Government,

    Water Resources Department, Government of Bihar, Patna, the

    petitioner was issued notice under Rule 11(5) of the Bihar

    Government Servants (CCA) Rules, 2005 that why the period

    under suspension i.e. 14.09.2017 to 24.09.2018 be treated to be

    not on duty and nothing shall be paid, apart from what has been

    paid to him as subsistence allowance. On receipt of the letter

    dated 27.08.2021, the petitioner by his Letter No. 04/Dehri dated

    01.11.2021 submitted his detailed reply, but vide Letter No.

    1360 dated 08.06.2021 issued under the signature of the

    Additional Secretary, Water Resources Department, Government

    of Bihar, Patna the punishment was imposed against the

    petitioner that for the period under suspension i.e. 14.09.2017 to

    24.09.2018, the petitioner will not be entitled for any other

    payment, except the subsistence allowance and the period under

    suspension will be counted for the purpose of payment of

    pension.

    13. The learned counsel for the petitioner submits

    that the Principal Secretary, Water Resources Department,

    Government of Bihar, Patna himself had filed a show cause in

    MJC No. 2270 of 2016 (arising out of CWJC No. 23124 of 2014
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    Shivesh Kumar versus The State of Bihar and Ors.) wherein in

    his show cause filed before this Court, he has categorically

    stated that he personally inspected the said embankment on

    28.08.2017 and he found that the said breaches, for which the

    petitioner was charged was on account of natural calamity.

    14. The learned counsel for the petitioner further

    submits that the entire departmental proceeding was conducted

    in complete violation of the provisions contained in Rule 17(3)

    (4) and (14) of the Bihar Government Servants (CCA) Rules,

    2005, since along with memo of charge, no imputation of

    misconduct/documents or list of witnesses were provided to the

    petitioner, which caused great prejudice to the case of the

    petitioner. Even in the departmental proceeding, the petitioner

    was denied the opportunity to cross examine the witnesses, since

    no witnesses were produced by the department/prosecution,

    during course of enquiry, which resulted in denial of opportunity

    to the petitioner to cross examine the witnesses. Further the

    petitioner was also not provided an opportunity to produce

    defense witnesses , despite him making the request to produce

    witnesses in support of his defence. Further no document, except

    the letter of the Chief Engineer, which he had written for taking

    action against the petitioner, was produced by the department in
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    the entire departmental proceeding, however the enquiry officer

    on the basis of the said letter, on his own presumption took the

    role of presenting officer and proceeded to prove charge nos.1

    and 7 against the petitioner and charge nos. 2, 4 and 6 to be

    partially proved and charge nos. 3, 5, 8, 9 & 10 to be not proved.

    15. The learned counsel for the petitioner further

    submits that in gross violation of the provisions contained in

    Rule 17 of the Bihar Government Servants (CCA) Rules, 2005,

    the enquiry officer asked for opinion of the Department, on the

    show cause filed by the petitioner, since as per the provisions

    contained in Rule 17 of the Bihar CCA Rules, 2005, the enquiry

    officer is required to take independent view and he has to act as

    an independent adjudicator, but in the present case, he, with

    predetermined mind, asked for the opinion of the department

    and based on the said opinion, he proceeded to prove certain

    charges against the petitioner. The case against the petitioner is

    of no evidence and the entire departmental proceeding was

    conducted in violation of the principles of natural justice. The

    department did not examine any witness to prove its charges and

    even the Chief Engineer, whose letter was relied upon by the

    department, was not examined as a witnesses, although he was a

    material witness. The enquiry officer shifted the burden of proof
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    on the petitioner, rather than the department, although as per the

    procedure prescribed, the prosecution was bound to prove the

    charges, beyond all reasonable doubt.

    16. The learned counsel for the petitioner refers to

    and relies on a judgment passed by 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. 7, 10,

    11, 12 and 13 it has been held as follows:-

    7. The appellate authority also did not apply
    his mind to the contentions raised by the
    appellant; no reason was assigned in
    support of his conclusion.

    On what evidence, the appellant was found
    guilty was not stated.

    10. Indisputably, a departmental proceeding is
    a quasi judicial proceeding. The Enquiry
    Officer performs a quasi judicial function.
    The charges leveled 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
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    and did not prove the contents thereof.

    Reliance, inter alia, was placed by the
    Enquiry Officer on the FIR which could not
    have been treated as evidence. We have
    noticed hereinbefore that the only basic
    evidence whereupon reliance has been
    placed by the Enquiry Officer was the
    purported confession made by the appellant
    before the police. According to the
    appellant, he was forced to sign on the said
    confession, as he was tortured in the police
    station. Appellant being an employee of the
    bank, the said confession should have been
    proved. Some evidence should have been
    brought on record to show that he had
    indulged in stealing the bank draft book.

    Admittedly, there was no direct evidence.
    Even there was no indirect evidence. The
    tenor of the report demonstrates that the
    Enquiry Officer had made up his mind to
    find him guilty as otherwise he would not
    have proceeded on the basis that the
    offence was committed in such a manner
    that no evidence was left.

    11. In Union of India vs. H.S. Goel [(1964) 4
    SCR 718, it was held:

    “….The two infirmities are separate and
    distinct though, conceivably, in some
    cases, both may be present. There may
    be cases of no evidence even where the
    Government is acting bona fide; the said
    infirmity may also exist where the
    Government is acting mala fide and in
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    that case, the conclusion of the
    Government not supported by any
    evidence may be the result of mala fides,
    but that does not mean that if it is proved
    that there is no evidence to support the
    conclusion of the Government, a writ of
    certiorari will not issued without further
    proof of mala fides. That is why we are
    not prepared to accept the learned
    Attorney-General’s argument that sine
    no mala fides are alleged against the
    appellant in the present case, no writ of
    certiorari can be issued in favour of the
    respondent.

    That takes us to the merits of the
    respondent’s contention that the
    conclusion of the appellant that the third
    charged framed against the respondent
    has been proved, is based on no
    evidence. The learned Attorney-General
    has stressed before us that in dealing
    with this question, we ought to bear in
    mind the fact that the appellant is acting
    with the determination to root out
    corruption, and so, if it is shown that the
    view taken by he appellant is a
    reasonably possible view, this Court
    should not sit in appeal over that
    decision and seek to decide whether this
    Court would have taken the same view
    or not. This contention is no doubt
    absolutely sound. The only test which we
    can legitimately apply in dealing with
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    this part of the respondents case is, is
    there any evidence on which a finding
    can be made against the respondent that
    charge No. 3 was proved against him? In
    exercising its jurisdiction under Art. 226
    on such a plea, the High Court cannot
    consider the question about the
    sufficiency or adequacy of evidence in
    support of a particular conclusion. That
    is a matter which is within the
    competence of the authority which dealt
    with the question; but the High Court
    can and must enquire whether there is
    any evidence at all in support of the
    impugned conclusion. In other words, if
    the whole of the evidence led in the
    enquiry is accepted as true, does the
    conclusion follow that the charges in
    question is proved against the
    respondent? This approach will avoid
    weighing the evidence. It will take the
    evidence as it stands and only examine
    whether on that evidence legally the
    impugned conclusion follows or not.
    Applying this test, we are inclined to
    hold that the respondent’s grievance is
    well-founded because, in our opinion,
    the finding which is implicit in the
    appellant’s order dismissing the
    respondent that charge number 3 is
    proved against him is based on no
    evidence.

    12. In Moni Shankar v. Union of India and
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    Anr. [(2008) 3 SCC 484]. this Court held:

    17. The departmental proceeding is a quasi
    judicial one. Although the provisions of
    the Evidence Act are not applicable in
    the said proceeding, principles of
    natural justice are required to be
    complied with. The Court exercising
    power of judicial review are entitled to
    consider as to whether while inferring
    commission of misconduct on the part of
    a delinquent officer relevant piece of
    evidence has been taken into
    consideration and irrelevant facts have
    been excluded therefrom. Inference on
    facts must be based on evidence which
    meet the requirements of legal
    principles. The Tribunal was, thus,
    entitled to arrive at its own conclusion
    on the premise that the evidence adduced
    by the department, even if it is taken on
    its face value to be correct in its entirety,
    meet the requirements of burden of
    proof, namely preponderance of
    probability. If on such evidences, the test
    of the doctrine of proportionality has not
    been satisfied, the Tribunal was within
    its domain to interfere. We must place on
    record that the doctrine of
    unreasonableness is giving way to the
    doctrine of proportionality.”

    13. In Narinder Mohan Arya vs. United India
    Insurance Co. Ltd.
    & ors. (supra),
    whereupon both the learned counsel relied
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    upon, this Court held:

    “26. In our opinion the learned Single
    Judge and consequently the Division
    Bench of the High Court did not pose
    unto themselves the correct question.
    The matter can be viewed from two
    angles. Despite limited jurisdiction a
    civil court, it was entitled to interfere in
    a case where the report of the Enquiry
    Officer is based on no evidence. In a suit
    filed by a delinquent employee in a civil
    court as also a writ court, in the event
    the findings arrived at in the
    departmental proceedings are
    questioned before it should keep in mind
    the following: (1) the enquiry officer is
    not permitted to collect any material
    from outside sources during the conduct
    of the enquiry. [See State of Assam and
    Anr. v. Mahendra Kumar Das and Ors.

    [(1970) 1 SCC 709] (2) In a domestic
    enquiry fairness in the procedure is a
    part of the principles of natural justice
    [See Khem Chand v. Union of India and
    Ors.
    (1958 SCR 1080) and State of Uttar
    Pradesh v. Om Prakash Gupta
    (1969) 3
    SCC 775). (3) Exercise of discretionary
    power involve two elements (i) Objective
    and (ii) subjective and existence of the
    exercise of an objective element is a
    condition precedent for exercise of the
    subjective element.
    [See K.L Tripathi v.
    State of Bank of India and Ors.
    (1984) 1
    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
    22/36

    SCC 43]. (4) It is not possible to lay
    down any rigid rules of the principles of
    natural justice which depends on the
    facts and circumstances of each case but
    the concept of fair play in action is the
    basis. [See Sawai Singh v. State of
    Rajasthan
    (1986) 3 SCC 454] (5) The
    enquiry officer is not permitted to travel
    beyond the charges and any punishment
    imposed on the basis of a finding which
    was not the subject matter of the charges
    is wholly illegal. [See Director
    (Inspection & quality Control) Export
    Inspection Council of India and Ors. v.

    Kalyan Kumar Mitra and Ors. 1987 (2)
    Cal. LJ 344. (6) Suspicion or
    presumption cannot take the place of
    proof even in a domestic enquiry. The
    writ court is entitled to interfere with the
    findings of the fact of any tribunal or
    authority in certain circumstances. [See
    Central Bank of India Ltd. v. Prakash
    Chand Jain
    (1969) 1 SCR 735.
    Kuldeep
    Singh v. Commissioner of Police and
    Ors.
    (1999) 2 SCC 10].”

    The judgment and decree passed against
    the respondent therein had attained finality.
    In the said suit, the enquiry report in the
    disciplinary proceeding was considered, the
    same was held to have been based on no
    evidence. Appellant therein in the
    aforementioned situation filed a Writ
    Petition questioning the validity of the
    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
    23/36

    disciplinary proceeding, the same was
    dismissed. This Court held that when a
    crucial finding like forgery was arrived at
    on an evidence which is non est in the eye
    of the law, the civil court would have
    jurisdiction to interfere in the matter. This
    Court emphasized that a finding can be
    arrived at by the Enquiry Officer if there is
    some evidence on record. It was
    furthermore found that the order of the
    appellate authority suffered from non
    application of mind. This Court referred to
    its earlier decision in Capt. M. Paul
    Anthony v. Bharat Gold Mines Ltd.
    ((1999)
    3 SCC 679] to opine:

    “41. We may not be understood to have laid
    down a law that in all such
    circumstances the decision of the civil
    court or the criminal court would be
    binding on the disciplinary authorities as
    this Court in a large number of decisions
    points point that the same would depend
    upon other factors as well. See e.g.
    Krishnakali Tea Estate v. Akhil
    Bharatiya Chah Mazdoor Sangh and
    Anr.
    (2004) 8 SCC 200 and Manager,
    Reserve Bank of India Bangalore v. S.
    Mani and Ors. (2005) 5 SCC 100. Each
    case is, therefore, required to be
    considered on its own facts.

    42. It is equally well settled that the power
    of judicial review would not be refused
    to be exercised by the High Court,
    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
    24/36

    although despite it would be lawful to do
    so. In Manager, Reserve Bank of India
    Bangalore (supra) this Court observed:

    39. The findings of the learned Tribunal,
    as noticed hereinbefore, are wholly
    perverse. It apparently posed unto
    itself wrong questions. It placed onus
    of proof wrongly upon the appellant.

    Its decision is based upon irrelevant
    factors not germane for the purpose
    of arriving at a correct finding of fact.

    It has also failed to take into
    consideration the relevant factors. A
    case for judicial review, thus, was
    made out.”

    17. The learned counsel for the petitioner further

    refers to and relies on a judgment passed by the Hon’ble

    Supreme Court of India reported in (2010) 2 SCC 772 State of

    U.P. Versus Saroj Kumar Sinha, wherein in paragraph 9, 10,

    12, and 15 it has been held as follows:-

    “9. Being unaware of the inquiry report
    dated 3-8-2001 the respondent made the
    representation dated 6-10-2001 to the
    new Inquiry Officer, G.S. Kahlon
    praying for supply of the relevant
    documents numbering 19 to enable him
    to prepare an appropriate reply to the
    charge-sheet and to prepare his defence.
    Since, no response was received from the
    inquiry officer the respondent sent a
    reminder dated 22-11-2001. The last
    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
    25/36

    reminder submitted by the respondent is
    dated 3-3-2002.

    10. The respondent later came to learn that
    the inquiry officer had addressed a
    communication to the Government dated
    8-4-2002 stating that the inquiry report
    dated 3-8-2001 submitted by the former
    Inquiry Officer, Mr I.D. Singhal “seems
    to be correct” because the delinquent
    officer should be deemed to have
    accepted the charges levelled against
    him inasmuch as he had not submitted
    the reply/explanation to the charge-
    sheet. Based on the inquiry report dated
    8-4-2002, which merely reiterated the
    findings in the inquiry report dated 3-8-
    2001, the respondent was served with a
    show-cause notice dated 29-4-2003.

    12. The respondent furnished the certified
    copy of the aforesaid order to the
    appellant on 25-7-2003. In this
    communication the respondent also
    mentioned that he would soon submit a
    detailed representation/reply in response
    to the show-cause notice dated 29-4-

    2003. He accordingly submitted the
    representation on 6-8-2003 briefly
    touching upon the circumstances in
    which the aforesaid two inquiries were
    held. He pointed out that the aforesaid
    two inquiries had been held in patent
    violation of principles of natural justice,
    fairness and justice, as well as the basic
    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
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    requirements of law relating to
    departmental enquiry. The respondent
    reiterated his utter helplessness in
    making an effective reply to the show-
    cause notice as he had not been supplied
    with the relevant documents in spite of
    numerous representations and
    reminders. He again made a plea for
    supply of documents.

    15. It was not disputed before the High
    Court nor is it disputed before us that the
    documents were not supplied to the
    respondent. In fact, in the counter-
    affidavit filed before the High Court, in
    reply to the grievance made by the
    respondent in the writ petition, about
    non-supply of the documents, it has been
    stated as under:

    “The petitioner has requested for supply
    of certain documents to the inquiry
    officer regarding which it is stated that
    the petitioner has been informed that
    the documents pertains to the division
    in which the petitioner has been
    posted as Executive Engineer.
    Therefore, it was not required to
    supply the same as the documents
    were in his custody and the petitioner
    has deliberately delayed the filing of
    reply. Therefore, inquiry officer has
    sent the enquiry report after the
    completion of enquiry to the
    Government on the basis of
    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
    27/36

    documents on 3-8-2001.”

    18. The learned counsel for the petitioner further

    refers to and relies on a judgment passed by the Hon’ble

    Division Bench of this Court on 21.08.2024 in LPA No. 446 of

    2024 State of Bihar & Ors. Versus Vikash Kumar, wherein in

    paragraph nos. 8, 9, 10, 12 & 13 it has been held as follows:-

    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 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 42 nd
    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
    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
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    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 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
    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
    29/36

    employee.

    12. Despite the well-settled position, it is
    painfully disturbing to note that the High
    Court has acted as an appellate authority
    in the disciplinary proceedings,
    reappreciating even the evidence before the
    enquiry officer. The finding on Charge I
    was accepted by the disciplinary authority
    and was also endorsed by the Central
    Administrative Tribunal. In disciplinary
    proceedings, the High Court is not and
    cannot act as a second court of first appeal.
    The High Court, in exercise of its powers
    under Articles 226/227 of the Constitution
    of India, shall not venture into
    reappreciation of the evidence. The High
    Court can only see whether:

    (a) the enquiry is held by a competent
    authority;

    (b) the enquiry is held according to the
    procedure prescribed in that behalf;

    (c) there is violation of the principles of
    natural justice in conducting the
    proceedings;

    (d) the authorities have disabled themselves
    from reaching a fair conclusion by some
    considerations extraneous to the evidence
    and merits of the case;

    (e) the authorities have allowed themselves to
    be influenced by irrelevant or extraneous
    considerations;

    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
    30/36

    (f) the conclusion, on the very face of it, is so
    wholly arbitrary and capricious that no
    reasonable person could ever have arrived
    at such conclusion;

    (g) the disciplinary authority had erroneously
    failed to admit the admissible and material
    evidence;

    (h) the disciplinary authority had erroneously
    admitted inadmissible evidence which
    influenced the finding;

    (i) the finding of fact is based on no evidence.

    13. Under Articles 226/227 of the
    Constitution of India, the High Court shall
    not:

    (i) reappreciate the evidence;

    (ii) interfere with the conclusions in the
    enquiry, in case the same has been
    conducted in accordance with law;

    (iii) go into the adequacy of the evidence;

    (iv) go into the reliability of the evidence;

    (v) interfere, if there be some legal evidence
    on which findings can be based.

    (vi) correct the error of fact however grave it
    may appear to be;

    (vii) go into the proportionality of punishment
    unless it shocks its conscience.

    19. Per contra, the learned counsel for the State

    submits that there was a breach in the left embankment of
    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
    31/36

    Bagmati River and the petitioner, being the Executive Engineer

    at the relevant time, did not take care to repair the said breach

    immediately and his phone was found to be switched off,

    therefore the department took a decision to place him under

    suspension and to initiate departmental proceeding against him.

    In the departmental proceeding, all the provisions contained in

    Bihar Government Servants (CCA) Rules, 2005 were followed

    and the petitioner was given an opportunity to appear in the

    departmental proceeding and to to place his defence. The

    enquiry officer after a detailed enquiry, wherein the petitioner

    participated, proceeded to found certain charges against the

    petitioner to be proved, while found some of the charges to be

    partially proved and the remaining charges to be not proved. The

    enquiry officer submitted the enquiry report, which was

    examined by the disciplinary authority and he by agreeing with

    the findings and conclusion of the enquiry officer, issued second

    show cause notice to the petitioner and after considering the

    show cause reply submitted by the petitioner, he proceeded to

    award punishment against the petitioner. Even the authority

    concerned who proceeded to reject the review petition filed by

    the petitioner, considered the points raised by the petitioner in

    his review petition. Therefore, there is no infirmity in the order
    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
    32/36

    passed by the disciplinary authority or the authority concerned,

    who rejected the review petition of the petitioner.

    20. The learned counsel for the State further

    submits that all the relevant documents, which the petitioner was

    asking for, were already in his possession and the petitioner was

    asking for the said documents, only with a view to delay the

    conclusion of the department proceeding. From perusal of the

    impugned order, it would transpire that the same is a reasoned

    and a speaking order. He submits that besides natural calamity,

    seepage and piping were also found to be reason for breach of

    embankment, which is clear from the inspection report of the

    Chief Engineer and the petitioner could have prevented the

    seepage and piping by making regular inspection and executing

    flood fighting work in time.

    21. The learned counsel for the State finally submits

    that the order passed by the authorities concerned i.e. the

    disciplinary authority and the authority who had rejected the

    review petition of the petitioner, are based on reasoning and

    after examining the evidences brought before them, including

    the show cause reply submitted by the petitioner and the defence

    taken by him in the review petition, therefore there is no

    infirmity in the orders impugned.

    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
    33/36

    22. Having heard the learned counsel for the parties

    and upon perusal of the documents available on record, this

    Court finds that before issuance of memo of charge, no

    opportunity was given to the petitioner to file his show cause

    reply, that why departmental proceeding be not initiated against

    him, since along with the decision to initiate departmental

    proceeding, the enquiry officer and the presenting officer were

    already appointed by the disciplinary authority. Further along

    with memo of charge (prapatra-Ka), no list of documents or

    witnesses were provided/given, upon which the departmental

    authorities intended to rely in the departmental proceeding,

    which is in complete violation of the provisions contained in

    Rule 17(3) and (4) of the Bihar Government Servants (CCA)

    Rules, 2005. Further, since no documents were produced/relied

    upon by the prosecution, during the entire departmental

    proceeding, the petitioner was denied an opportunity to rebut the

    charges levelled against him and to cross examine the witnesses,

    which is in complete violation of the provisions contained in

    Rule 17(14) of the Bihar Government Servants (CCA) Rules,

    2005. Even the petitioner was denied an opportunity to bring

    defence witnesses in support of his case, which resulted in

    miscarriage of justice and caused prejudiced to the case of the
    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
    34/36

    petitioner. Even during the departmental enquiry, the enquiry

    officer on his own proceeded to prove the charges against him,

    without the presenting officer bringing/relying on any document

    or evidence to support the case of the prosecution/department.

    23. Further from the document it appears that the

    Additional Chief Secretary of the Department himself had filed

    a show cause before this Court in a contempt petition, wherein

    he has categorically averred that after spot inspection by him he

    found that due to excessive rain, the Bagmati river crossed its

    previous mark/record by reaching 72.60 meter i.e. 26 c.m.

    higher then the 2014 record, making it impossible to prevent the

    said breach with human effort alone and the said point was taken

    by the petitioner in his review petition and in his show cause

    reply, even then the same was not considered by the disciplinary

    authority or the authority concerned, who rejected the review

    petition of the petitioner.

    24. From the judgments relied upon by the

    petitioner, it reflects that the Hon’ble Supreme Court of India

    and the Hon’ble Division Bench of this Court have deprecated

    the action of the enquiry officer in assuming the role of the

    presenting officer and without any evidence, proceed to submit

    the enquiry report by finding the charges to be proved. In the
    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
    35/36

    present case, the same has been done, since without any

    evidence, the enquiry officer, proceeded to prove some of the

    charges to be proved and some to be partially proved.

    25. Accordingly from the consideration made

    above, the order contained in Memo No. 1258 dated 25.06.2019,

    Memo No. 1608 dated 14.09.2017 and Memo No. 1360 dated

    08.06.2022 deserves to be set aside and are accordingly set

    aside.

    26. The petitioner shall be entitled for all the

    increments, which has been forfeited by the disciplinary

    authority by the impugned order of punishment dated

    25.06.2019 as well as the pay scale which he was entitled, prior

    to passing of the impugned order of punishment and he will be

    entitled for payment of full salary for the period under which he

    was under suspension. No purpose would be served to remit the

    matter back to the authorities concerned for proceeding afresh,

    from the defective stage, since when the Additional Chief

    Secretary of the Department has himself admitted the fact in his

    show cause filed in M.J.C. No. 2270 of 2016, that the breach

    was on account of excessive rain and the Bagmati River crossed

    its highest level of 2014.

    27. The writ petition is allowed in the
    Patna High Court CWJC No.2726 of 2022 dt.25-03-2026
    36/36

    aforementioned terms.

    28. Pending application(s), if any, shall also stands

    disposed of.

    (Ritesh Kumar, J)
    AjayMishra/-

    AFR/NAFR
    CAV DATE                10.02.2026
    Uploading Date          25.03.2026
    Transmission Date       NA
     



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