Kumar Rajesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9776 of 2020 ====================================================== Satish Kumar Singh, Son of Late Ram Mohan Singh, resident of D- 305, Magestic Janky City, East Gola Road, P.S.- Nizamat Danapur, District - Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Building Construction Department, Bihar, Patna. 3.
The Additional Secretary, Building Construction Department, Bihar, Patna. 4.
The Secretary, Bihar Public Service Commission, Patna. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 9779 of 2020 ====================================================== Rakesh Kumar Singh, Son of Late Bachcha Singh resident of Flat No. 202, Kaushalaya Enclave Apartment, Rajendra Path, North S.K. Puri, P.S.- S.K. Puri, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Building Construction Department, Bihar, Patna. 3.
The Additional Secretary, Building Construction Department, Bihar, Patna. 4.
The Secretary, Bihar Public Service Commission, Patna. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 3047 of 2021 ====================================================== Kumar Rajesh, Son of Late Raghunath Prasad Sinha Resident of VillageKashipur, P.S.- Bidhupur, District- Vaishali, at present House No. 67, Road No. 14, Sri Krishna Nagar, P.S.- Buddha Colony, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Building Construction Department, Bihar, Patna. 3.
The Additional Secretary, Building Construction Department, Bihar, Patna. 4.
The Secretary, Bihar Public Service Commission, Patna. ... ... Respondent/s ======================================================
2/6 with Civil Writ Jurisdiction Case No. 3727 of 2021 ====================================================== Praveen Pandit, Son of Ram Udgar Pandit, Resident of Village - Naulagarh, P.S. Bhagwanpur, District - Begusarai, presently residing at Abhiyanta Nagar, East Ram Krishna Nagar, P.S. Ram Krishna Nagar, District - Patna - 800027. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Building Construction Department, Bihar, Patna. 3.
The Additional Secretary, Building Construction Department, Bihar, Patna. 4.
The Executive Engineer, Building Construction Division, Darbhanga. 5.
The Secretary, Bihar Public Service Commission, Patna. ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 9776 of 2020) For the Petitioner/s :
Mr. Prabhu Nath Pathak, Advocate For the State :
Mr. A.K. Dubey (AC to AAG-11) (In Civil Writ Jurisdiction Case No. 9779 of 2020) For the Petitioner/s :
Mr. Prabhu Nath Pathak, Advocate For the State :
Mr. Sanjay Kumar (AC to GA-13) (In Civil Writ Jurisdiction Case No. 3047 of 2021) For the Petitioner/s :
Mr. Prabhu Nath Pathak For the State :
Mr. Rakesh Ranjan (AC to GP-22) For BPSC :
Mr. Nawal Kishore Singh, Advocate (In Civil Writ Jurisdiction Case No. 3727 of 2021) For the Petitioner/s :
Mr. Prabhu Nath Pathak, Advocate For the State :
Mr. A.K. Dubey (AC to AAG-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 12-10-2023 Learned counsel for the petitioners and learned counsel for the State in all the cases are present.
2. Learned counsel for the petitioners submits that vide order dated 22.08.2023, it was directed by this Hon'ble Court to list all these cases after disposal of CWJC No. 407 of 2021.
3. Learned counsel for the petitioner further submits
3/6 that the said CWJC No. 407 of 2021 has been disposed of vide order dated 29.08.2023. The order passed by this Hon'ble Court has been annexed as Annexure-18 to the present writ petition. Learned counsel further submits that the petitioners of all the four writ petitions are aggrieved by notification containing Memo No. 3604(Bh) dated 18.06.2020 issued by the Additional Secretary Building Construction Department, Bihar, Patna (annexed as Annexure-1) whereby, invoking powers under Rule 74 of the Bihar Service Code, 1952, the petitioners have been compulsorily retired from service.
4. Learned counsel for the petitioners submits that by the said notification dated 18.06.2020, there are in total six officials who were compulsorily retired from the service and out of one namely, Shyam Sundar Sharma preferred CWJC No. 407 of 2021 which was allowed in his favour on 29.08.2023. Rest four petitioners have preferred different writ petitions who are petitioners here in the present writ petitions in which order is being passed.
5. The parties agreed that the issue involved in the present writ petitions is directly and substantially identical. This Hon'ble Court at the time of deciding CWJC No. 407 of 2021 has pleased to observe as follows:-
4/6 "a) The Court on consideration of rival submissions finds that the impugned order dated 18.06.2020, purporting to be under Rule 74 of the Bihar Service Code, 1952 contains statements of the petitioner's indictment for misconduct's. Relevant extract of impugned notification reads as follows:- "...
ववचारोपरानतअतयवधकखराबकायरकलाप/ izn"kZu वालेवैसेकुलछः(06) अवभयंताओंकोवचवननतवकया गया, वजनकीकायरदकतायाआचारऐसाननींनै, वजससेउनने सेवामेबनायेरखनालोकवनतमेउवचतनै।वचवननतवकयेगये उकतअवभयंताओंकोपूवरमेभीऔपचावरकएवंअनौपचावरक रपसेकायरकलापमेसुधार, पदीयदावयतवोके समुवचत वनवरनननेतुबारबारसचेतवकयेजानेएवंउचचावधकावरयोके आदेशोकाअकरश:
पालननेतुfunZs"k वदयेजानेकेवावजूदभी उनकेकायरकलापतथापदीयदावयतववनवरननमेअपेवकत सुधारपवरलवकतननींनोपायानै।साथनीइनकेदारावरीय पदावधकावरयोएवंसरकारके funZs"k कीलगातारअवनेलनाकी गयीनै।...."
b) The impugned notification as is, apparent from bare reading of the same is not based on consideration in terms of Rule 74 of the Bihar Service Code, 1952. The same casts aspersions, and alleges
5/6 misconduct, which is clearly beyond the purview of Rule 74 (a) of the Bihar Service Code, 1952, quoted above. c) The notification, therefore, leaves the petitioner with stigma, and is apparently, as a consequence of the various alleged acts of omission and commission, as per the impugned order, extracted above. The impugned notification, therefore, is apparently punitive in nature, and beyond the scope of Rule 74 of the Bihar Service Code. The decision of the Division Bench in the case of Vidya Nand Sharma (supra) supports such conclusion of this Court in the instant writ proceedings. The impugned notification, in the above noted facts and circumstances, and the settled legal position based on decision of the Division Bench, noted above, is clearly unsustainable in the eyes of law.
d) The impugned notification dated 18.06.2020 (Annexure-1) is, therefore, quashed.
e) Accordingly, this writ petition is allowed."
6. In the light of the observations made by the Coordinate Bench of this Hon'ble Court, that the observation quoted above is basically stigma casted upon consequence of various alleged acts of omission and commission and therefore,
6/6 this Court is of this view that the impugned notification is punitive in nature because the scope of Rule 74 of the Bihar Service Code, 1952, is absolutely different as mentioned in the notification.
7. This Court is also of the view that parity should be maintained and therefore, in the light of the reasons above, all the writ petitions are hereby allowed and the impugned notification containing Memo No. 3604(Bh) dated 18.06.2020 issued by the Additional Secretary, Building Construction Department, Bihar, Patna (annexed as Annexure-1) is hereby quashed for all the four petitioners of the present writ petitioners mentioned above.
(Dr. Anshuman, J.) Divyansh/- AFR/NAFR CAV DATE Uploading Date 17.10.2023 Transmission Date