SWETA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ashok Kumar Pathak, learned counsel along with Mr. Chandan Kumar, learned counsel appearing on behalf of the petitioner and learned Government Advocate (08) appearing on behalf of the State.

(2.) The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, the following relief(s), which is reproduced hereinafter:-

(3.) The brief facts of the case are that the Petitioner at the time, she was posted as Deputy Collector Land Revenue (DCLR) at Ara, District, Bhojpur, was directed by the District Magistrate, Ara, Bhojpur, to conduct an inquiry in respect of alleged allegation made against the Circle Officer by one Archana Pandey, whose Mutation Case No. 3674 R27/2023-24 3675. R27/2023-24, 3676 R27/2023-24, 3678 R27/2023-24 and 3679. R27/2023-24 was pending before the said Circle Officer. The petitioner, after conducting the enquiry, had submitted the report contained in letter no.1152 dtd. 16/11/2023 before the District Magistrate, Ara. The Circle Officer had passed an order dtd. 21/9/2023 in aforesaid Mutation Cases filed by the said complainant Archana Pandey and thereafter, Mutation appeal no. 267, 268, 269, 270 and 271 of 2023-24 was preferred against the order dtd. 21/9/2023 before the petitioner, who was the DCLR. Upon adjudication, the petitioner, who was the District Collector-cum-Land Reforms Officer, Ara, Bhojpur, passed the order dtd. 29/6/2024 in connection with above appeals, which was dismissed observing that Title Suit No. 758 of 2021 is pending between the parties and the appeals are barred as per the provisions of Clause 12 of Sec. 6 of the Bihar Land Mutation Act, 2011 (hereinafter referred to as the 'Act, 2011'). Thereafter, Archana Pandey having lost her case had filed a complaint against the petitioner on 9/7/2024. Based on the allegation contained in the complaint petition, the petitioner was served a show cause dtd. 25/7/2024. The petitioner, denying the charges, had filed her reply to the show cause on 31/7/2024. The respondent no.2 (Additional Chief Secretary) vide letter no.126 dtd. 26/7/2024 having found the allegation prima facie to be true, recommended for not giving any charge of revenue office and directed to transfer the petitioner. A disciplinary action was initiated against the petitioner by seeking show-cause vide letter no.3506 dtd. 27/8/2024. A show cause was submitted by the petitioner on 30/9/2024 denying all the charges. Thereafter, vide resolution dtd. 17/10/2024 it was communicated to the petitioner, that a decision was taken for initiating a departmental proceeding as per the Rule 17 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (herein after referred to as CCA Rules, 2005) containing charges in Prapatra Ka. It is the case of the petitioner that the charges as alleged in the charge memo don't constitute any misconduct, therefore, the charge memo loses its force. The resolution dtd. 17/10/2024 (Annexure- P/8) containing the Charge Memo is fit to be set aside and quashed.