UMESH KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is the fourth round of litigation when the Petitioner invoked extraordinary Constitutional Writ Jurisdiction of this Court under Article 226 of the Constitution of India, challenging an order dated 2nd of June, 2023, which was communicated to him vide Memo No. 2537, dtd. 8/6/2023, passed by the Minister Incharge -cum- Appellate Authority, Department of Food and Consumer Protection, Government of Bihar, affirming the departmental order of punishment of forefeiture of 100% pension passed by the Special Secretary, Department of Food and Consumer Protection, Government of Bihar in a departmental proceeding instituted against him.

(2.) Pertintent to mention here that the Petitioner had been working in the Department of Food and Consumer Protection, Government of Bihar on and from 22nd of January, 1997, though he was appointed initially on 7th of March, 1989 in the Department of Revenue and Land Reforms, Government of Bihar. During September 2007, he was posted as Block Supply Officer, Dumraon, Buxar.

(3.) According to the Petitioner, on the basis of a false complaint alleged against him before the Vigilance Police Station under the Vigilance Investigation Bureau, Bihar, Patna that he claimed illegal gratification of Rs.5,000.00 in order to issue licence in favour of Thela Vendor, purported trap was conducted by the Vigilance Investigation Bureau on 7th of September, 2007 and he was arrested by the police attached to the V.I.B. for allegedly accepting bribe and a vigilance case was registered against him.4. Subsequently, in compliance of Rule 9(2) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereafter referred to as 'Bihar C.C.A. Rules, 2005 for short), he was suspended in contemplation of departmental proceeding. Thereafter, charge was framed against him of departmental misconduct, and upon enquiry, the Disciplinary Authority passed an order of punishment of dismissal from service in exercise of the powers conferred under the provisions of the Bihar C.C.A. Rules, 2005. 5. The Petitioner challenged the said order of dismissal from service before this Court by filing C.W.J.C. No. 7122 of 2014. The said writ petition was disposed of, holding, interalia, that the order of Disciplinary Authority is appellable in terms of Rule 23 read with Rule 24 of the Bihar C.C.A. Rules, 2005. Therefore, the Petitioner was advised to take step in accordance with law and the aforesaid writ petition was dismissed as withdrawn. 6. Subsequently, the Appellate Authority affirmed the order of dismissal issued against the Petitioner by the Disciplinary Authority vide order dated 18th of August, 2015. The said order was also challenged in a writ by the Petitioner on the ground that the orders were passed by the Disciplinary Authority and affirmed by the appellate authority mechanically that too without considering any evidence. Practically, no evidence was led by the department against the Petitioner and the impugned orders suffered from manifest arbitrariness and illegality. The said writ petition was registered as C.W.J.C. No. 1970 of 2016. The said writ petition was disposed of by an order dated 1st of March 2017, whereby and whereunder, the reports of the Inquiry Officer, dated 20th of March 2008 together with the order of the Disciplinary Authority, dated 28th of March 2014 and the order of the Appellate Authority, dated 18th of August 2015 were quashed and set aside. The matter was remanded back with liberty to the authorities, if so advised, to proceed in the matter afresh from the stage of enquiry and pass an appropriate order in accordance with law. 7. On the basis of the aforesaid order, the Petitioner was permitted to join his service and subsequently by an order dated 23rd of August 2017, the Secretary to the Government of Bihar, Food and Consumer Protection Department issued an order for de novo enquiry against the Petitioner and he was again suspended from the date of passing of the earlier order of the Disciplinary Authority, i.e., from 28th of March 2014 in contemplation of initiation of fresh disciplinary proceeding upon the charges previously formulated against the Petitioner. The said order was assailed by the Petitioner by filing C.W.J.C. No. 24179 of 2018. During the pendency of the writ petition, the Petitioner superannuated from service with effect from 31st of July 2019. Subsequently, during the pendency of the said writ petition, the Disciplinary Authority passed the final order vide Memo No. 3671, dated 14th of September, 2020, by which 100% pension and gratuity of the Petitioner has been forfeited in terms of Rule 43(B) of the Bihar Pension Rules. The said order was also challenged in the above-mentioned writ petition by filing an Interlocutory Application on behalf of the Petitioner being I.A. No. 01 of 2020 with a prayer to amend the writ petition and the relief sought for. The Petitioner once again prayed for quashing of the order of punishment of forfeiture of pensionary benefits and also incidental and consequential relief. A Coordinate Bench disposed of C.W.J.C. No. 24179 of 2018 vide order, dated 18th of February, 2021, which runs hereunder :-