RAJESH RANJAN PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petitioner before this Court is seeking a writ of certiorari for quashing the impugned order, contained in Annexure 4 to the writ application, issued under the signature/order of the Collectorate, Bhagalpur, bearing Memo No.1145 dated 26.05.2014, and which has been affirmed by the Appellate Authority-the Commissioner, Bhagalpur Division, Bhagalpur, in Service Appeal No.39/2014-15, vide order dated 08.12.2014 (Annexure 6), which is also impugned in the present writ application.

(2.) Before adverting to the submissions of the petitioner, it would be necessary to detail the brief facts from which the present writ application emanates:

(3.) Learned counsel for the petitioner, while placing his grounds for interference in the aforementioned orders impugned in the present writ application, submitted that Rule 17 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as "the 2005 Rules") provides a specific procedure for imposing major penalties and also the manner in which the enquiry can be held. It is submitted that in the present case, entire procedure has not been followed and the manner which was adopted by the disciplinary authority was wholly irregular while inflicting the petitioner with the punishment of dismissal from service. Neither the list of documents nor the list of witnesses by whom the articles of charge were proposed to be sustained, were given to the petitioner and therefore, the entire proceeding stands vitiated and any order of punishment which followed thereafter, including the consequential order passed in the appeal, could not be sustained in the eyes of law and thus the same may be quashed.