Justice Sandeep Kumar sets aside 2022 orders of punishment by DM, Patnaand Divisional Commissioner, Patna against a Clerk

In Anish Kumar Mishra vs. The State of Bihar through the District Magistrate, Patna & Ors. (2025), Justice Sandeep Kumar  of Patna High Court delivered a 10-page long judgement dated December 22, 2025. The other respondents are:Divisional Commissioner, Patna Division, Patna, District Magistrate, Patna and Additional Collector, Departmental Proceedings-cum-Inquiry Officer, Patna.

Justice Kumar quashed and set aside the impugned order of punishment dated January 17, 2022 passed by the District Magistrate, Patna as well as the appellate order dated May 18, 2023 passed by the Divisional Commissioner, Patna.

The petitioner had challenged the order dated January 17, 2022 passed by the District Magistrate, Patna, by which the petitioner has been awarded the punishment of stoppage of two increments with cumulative effect as well as the appellate order dated May 18, 2022 passed by the Divisional Commissioner, Patna, by which the appeal preferred by the petitioner against the aforesaid order of the District Magistrate was dismissed. It is the case of the petitioner that he was appointed as Clerk in the office of the District Magistrate, Patna. The District Magistrate, Patna by his order dated October 10, 2018 had suspended the petitioner in contemplation of disciplinary proceeding on the basis of a report submitted by the inquiry committee, for the charges of committing irregularities in mutation proceedings. Thereafter, vide letter dated January 14, 2019, the District Magistrate, Patna -cum-Disciplinary Authority, framed the memo of charge against the petitioner in which altogether four charges have been levelled against the petitioner. Thereafter, the Additional Collector was appointed as the Enquiry Officer and the Deputy Collector, Land Reforms, Patna, was appointed as Presenting Officer for conducting the departmental proceeding. The Enquiry Officer had directed the petitioner to file his written statement of defense and in pursuance thereof, he had filed his written statement of defense and thereafter the Presenting Officer gave his comments on the show-cause reply filed by the petitioner. The Enquiry Officer, after enquiry, submitted his enquiry report on September 12, 2019 exonerating the petitioner from all the charges. However, the Enquiry Officer vide order dated January 9, 2020 had recorded that the file is received back for re-enquiry upon the direction/discussion with the disciplinary authority and thereafter, re-enquiry was conducted. Subsequently, the suspension of the petitioner was revoked on February 17, 2020. After re-enquiry, the report dated June 8, 2020 was submitted holding three out of four charges to be partly proved against the petitioner. Thereafter, a second show-cause was issued to the petitioner by the disciplinary authority on December 3, 2020, to which the petitioner replied on February 10, 2021. The District Magistrate, after considering the response of the petitioner, has passed the impugned order dated January 17, 2022 awarding the major punishment of stoppage of two increments with cumulative effect to the petitioner. Aggrieved by the order of punishment, the petitioner preferred an appeal unsuccessfully. 

Justice Kumar agreed with the counsel of the petitioner that the disciplinary proceeding conducted against the petitioner is in complete violation of Bihar CCA Rules, 2005, inasmuch as, no list of witnesses and documents have been supplied to the petitioner along with memo of charge.