Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17994 of 2012 ====================================================== 1. Ashok Kumar Singh S/O Sri Ram Ekbal Singh R/O Pachlakh, P.S.- Parsa Chapra, District- Chapara (Saran), At Presently Under Suspension From Executive Engineer, Rural Works Department, Patna Division No.1, Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Secretary Rural Works Department, Govt. Of Bihar, Patna 3. The Special Secretary Rural Works Department, Govt. Of Bihar, Patna 4. The Superintending Engineer (Flying Squad) Rural Worsk Department, Govt. Of Bihar, Patna ====================================================== .... .... Respondent/s Appearance : For the Petitioner/s : Mr. Binod Kumar For the Respondent/s : Mr. Prasoon Sinha Ga2 ======================================================
Legal Reasoning
impugned, this Court in the writ petition giving a time schedule to conclude the departmental enquiry and revoke the suspension order. The order of the High Court was not complied rather a Letters Patent Appeal was filed and a Division Bench of this Court taking a serious view of the matter directed to conclude the enquiry and take a decision failing which the petitioner shall be 7 Patna High Court CWJC No.17994 of 2012 (11) dt.11-01-2013 7 / 8 allowed to join his service. The petitioner was not allowed to join, again then a contempt petition was filed. In the contempt petition reply was filed in which it was stated that the petitioner was given a joining to the post of Executive Engineer in Patna and the Government never objected to his joining. Virtually, the joining of the petitioner was not accepted, hence this writ petition. While this writ petition was taken up, the authorities came with the stand that they are posting the petitioner and allowing him to work. Accordingly, the petitioner has been posted and allowed to work. Now, the appeal has also been concluded. This Court while directing to allow the petitioner to join directed to take a decision on enquiry report without being biased. The Enquiry Officer has fully exonerated the petitioner. The Punishing Authority without any cogent reason has awarded two punishments though they are defined to be minor in nature i.e. stoppage of two increments and censure entry. But these two entries shall always stand in the way of promotion and further carry a future career of the petitioner. These glaring incidents of well-founded attitude of the government to damage the petitioner’s career. As noticed above, the charges were simple in nature. The Enquiry Officer has exonerated the petitioner but there is no 8 Patna High Court CWJC No.17994 of 2012 (11) dt.11-01-2013 8 / 8 cogent reason to take other than view in the enquiry report, the biasness of the government against the petitioner is well-founded. The order has been passed inviolation of Article-14 of the Constitution of India. Accordingly, the order of punishment that is stoppage of two increments and censure are hereby quashed.
Arguments
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER 11 11-01-2013 This writ petition has been filed for a direction to the respondent authorities to revoke the order of suspension contained in Notification No.7478 dated 07.06.2011 communicated through Memo No. 7479 dated 07.06.2011 whereby and where under the petitioner has been placed under suspension. Learned counsel for the petitioner submits that on 07.06.2011 vide letter No.7420 issued under the signature of 2 Patna High Court CWJC No.17994 of 2012 (11) dt.11-01-2013 2 / 8 Special Secretary, Rural Works Department, Govt. of Bihar, Patna to the petitioner and asked a show cause mentioning therein that as per inspection report of Superintending Engineer, Flying Squad contained in letter No.83 dated 23.05.2011, prima facie found guilty in view of clause 17(4) of Government Servant (Classification, Control and Appeal) Rules, 2005 a charge sheet in form ‘K’ is enclosed and explanation was asked within 15 days from receipt of copy. The aforesaid show-cause notice was received by petitioner’s office on 07.06.2011 and he immediately wrote a letter stating there that the enclosures mentioned are not there. On 07.06.2011, petitioner came to know that he has been suspended for the allegation made therein by notification No.7478 dated 07.06.2011. Learned counsel for the petitioner further submits that the petitioner has already raised all these facts before the Departmental Enquiry Commissioner in Departmental Proceeding vide his representation dated 30.05.2012 and the conducting officer has not found any charge against the petitioner and the final report was submitted to Govt. vide letter No.565 dated 05.07.2011 but no final order has been passed nor suspension order has been revoked. It further comes to the knowledge of petitioner that the government has directed to get reviewed matter 3 Patna High Court CWJC No.17994 of 2012 (11) dt.11-01-2013 3 / 8 by Senior Officer on 14.08.2012. Since no action has been taken by the authorities concerned and due to mala fide intention of authorities concerned in spite of the order dated 25.10.2011 of this Hon’ble Court passed in LPA No. 1595 of 2011 petitioner has got no option but to knock the door of Hon’ble Court and file the instant C.W.J.C. The petitioner is renewing his prayer for revocation of suspension in view of the order dated 25.10.2011 passed in L.P.A. No.1596/2011. It is relevant to point out that the Chief Engineer being Administrative and Professional head not found any irregularity, illegality or deficiency in execution of work under question as well as conducting officer also not found any charge against the petitioner but due to mala fide intention, the Departmental Secretary on his own motion and whims bent upon to punish the petitioner against the established law revoked the suspension order but pass an order of punishment i.e. stoppage of two increments and censure. In view of the submission the relief sought for in the instant writ petition is fit to be allowed. Learned counsel for the respondents submitted that a complaint regarding the irregularities is made in the construction of Fatuha Saidpur Chouk to Chandasi Road by Rural Works Department, Work Division, Patna. On receiving the complaint, the department decided to get the quality of said road inspected by 4 Patna High Court CWJC No.17994 of 2012 (11) dt.11-01-2013 4 / 8 the Superintending Engineer, Flying Squad, Rural Works Department, Patna. The Flying Sqaud and his team inspected the concerned road on 19.05.2011 and found many irregularities. The State Laboratory, Gulzarbagh, Patna, which carried out the test of materials collected during the inspection from the work site, also confirmed the irregularities in the road construction. On receiving the inspection report of the Superintending Engineer, the department decided to put the Engineers concerned including the petitioner under suspension and sought the approval of the Government in this regard and the petitioner was put under suspension vide department notification No.7478 dated 07.06.2011. The government has also decided to initiate departmental proceeding against the petitioner. The Charge-sheet in form ‘K’ has been framed against him and served to him vide letter No.7420 asking for his explanation. The Conducting Officer has submitted the enquiry report vide letter No.515 dated 05.07.2012. After submission of the enquiry report by the conducting officer the concerned file has been sent to the Chief Minister for approval for revocation of suspension of the petitioner, the file was returned with a direction for review in detail by a senior officer. Complying with the direction, the matter was to be thoroughly examined and made a fresh proposal 5 Patna High Court CWJC No.17994 of 2012 (11) dt.11-01-2013 5 / 8 for approval of the Hon’ble Chief Minister, the notification for revocation of suspension of the petitioner was issued vide notification No.16644 and Memo No. 16645 dated 12.10.2012. After issuance of the notification, the petitioner has also been posted immediately as District Engineer, Madhepura vide notification No. 16647 and Memo No. 166648 dated 12.10.2012. The second show-cause has been issued to the petitioner after the review of the report of the Departmental Enquiry Commissioner as per Rule 18 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005. The regularization of the suspension period would be decided on the outcome of the departmental proceeding. Learned counsel for the respondents submits that the matter for taking decision in the departmental proceeding was under the review of the Disciplinary Authority as per Rule 18 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 and under the above said Rules second show cause had been issued to the petitioner vide letter No.17778 dated 07.11.2012 to give his explanation within fifteen days. The petitioner submitted his second show cause dated 16.11.2012. The Superintending Engineer, Works Circle, Patna was directed to inspect the irregularities in Fatuha and Chandasi Road and give his 6 Patna High Court CWJC No.17994 of 2012 (11) dt.11-01-2013 6 / 8 report to the Department vide letter No. 17777 dated 07.11.2012. The S.E., Works Circle, Patna had submitted his verifying report to the department vide letter No.2002 dated 26.11.2012. In view of the facts and circumstances as mentioned herein above, it is humbly submitted that the instant writ application is frivolous, not maintainable, devoid of any merit and is fit to be dismissed. This case has a chequered history of biasness of the government employee. The petitioner was holding the post of Executive Engineer, Rural Works Department, Patna Division No.1, Patna, where on account of some differences he was charge-sheeted. Perusal of Charge-sheet shows that the charges were simple in nature and petitioner was placed under suspension. After placing the petitioner under suspension, an enquiry was lingered on. After so much harassment, the petitioner approached this Court by filing CWJC No. 9379 of 2011 challenging the order
Decision
Accordingly, the writ petition is allowed. There shall be no order as to costs. Mkr./- (Prakash Chandra Verma, J)