Md. Gulzar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18011 of 2015 ====================================================== Md. Gulzar, Son of Late Md. Shamshuddin resident of village Raja, P.O. and P.S. Manigachhi, District Darbhanga. The then resident of Mohalla Domaria, Alkapuri, P.O. Anisabad, P.S. Gardanibag, District Patna. ... ... Petitioner
Versus
1.
The State Of Bihar through Principal Secretary, P.H.E.D. Public Health Engineering Department, Patna.
2.
Accountant General, Bihar, Patna.
3.
Special Officer PHED, New Secretariat, Patna. 4.
Executive Engineer, P.H.E.D. Mechanical Division, Vetenary College Campus, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Shahnawaz Ali, Advocate For A.G.
:
Mr. Ram Kinker Choubey, Advocate For the Respondent/s :
Mr. Ravi Ranjan, AC to SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-12-2024 In the instant writ petition, the petitioner has prayed for the following relief(s):
"I. A writ, order and direction in the nature of certiorari for quashing of letter vide its no. 537 dated 22.09.2015 issued by Principal Secretary, PHED, Patna whereby and where under it is directed that Rs. 2,04,824/- be recovered from the P.P.O. No. 201111034345 of the petitioner, be issued.
II. A writ, order and direction in the
Patna High Court CWJC No.18011 of 2015 dt.13-12-2024 2/3 nature of mandamus for directing and commanding respondent A.G., Bihar, Patna not to recovered the amount of Rs. 2,04,824/* from the pension P.P.O No. 201111034345 of the petitioner, be issued. III. Any other writs, orders and directions as the petitioner is entitle to."
2. The petitioner in support of the challenge to the impugned order of penalty, he has not apprised this Court with any legal lacuna in the disciplinary proceedings. On the other hand, he argued on merits of the case to the extent that charges framed and recovery is not supported by material. This Court cannot undertake a judicial review like appellate authority/revisional authority. This Court can interfere only if there are any legal lacuna to the extent of violation of any regulation or violation of principles of natural justice. Petitiioner's counsel has not argued any legal contention. Therefore, this Court cannot interfere in respect of disciplinary proceedings read with the punishment in the light of the Hon'ble Supreme Court decision in the case of State of Karnataka and Another Versus Umesh, reported in (2022) 6 Supreme Court Cases 563. The principle laid down in the aforementioned Judgment to the limited extent that if there is violation of
Patna High Court CWJC No.18011 of 2015 dt.13-12-2024 3/3 principles of natural justice or violation of any statutory regulation, in such event only, the Courts can interfere, otherwise judicial review in a departmental proceedings is impermissible.
3. Accordingly, instant Writ petition dismissed. (P. B. Bajanthri, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.12.2024 Transmission Date NA