In Sudhanshu Shekhar Tripathi vs. The State of Bihar through the Chief Secretary & Ors. (2026), Justice Ritesh Kumar delivered a 37-page long judgment dated April 9, 2026, wherein, he concluded:"28. The respondent authorities are directed tor restore the pension of the petitioner to 100% and to refund/return the amount to the tune of 20%, which has been deducted from the pension of the petitioner till date, within a period of three months from the date of receipt/production of a copy of the order. The respondent authorities are further directed to make payment of the entire 100% of the pension/post-retiral dues which have not been paid to the petitioner on account of pendency of the departmental proceeding, within the period aforementioned. If the entire exercise will not be completed within a period of three months, then the petitioner would be entitled for interest @ 6% from the date of filing of the writ petition till the date of its actual payment. 29. The writ petition is allowed with the direction above mentioned."
The other seven respondents were: Principal Secretary, Department of Labour Resources, Government of Bihar, Deputy Secretary, Department of Labour Resources, Officer On Special Duty, Department of Labour Resources, Director of Employment, Directorate of Empolyment and Training Department of Labour Resources, Accountant General (A and E) Bihar, Director of Provident Fund, Finance Department, and District Treasury Officer, Gaya, Bihar.
The writ petition was filed with prayer calling upon the respondents to show cause why rule nisi in the nature of writ and/or in the nature of writ of certiorari be not issued upon the respondents and the order dated 15.05.2023 passed by the Officer on Special Duty, Department of Labour Resources, Government of Bihar be quashed and or cancelled; further for issuance of writ/order/directions upon the respondent(s) to quash the entire disciplinary proceedings under Memo No.2887 & 2888, both dated 31.10.2017 issued by the respondents upon the petitioner; further issue a writ of or in the nature of writ of mandamus commanding and/or directing the respondents to forthwith release the post-retirement benefits, withheld so far, with interest admissible to the petitioner.
The writ petition was filed because the petitioner having been allocated the Bihar Employment Service, gave his joining as a District Employment Officer on 02.04.1992. He was promoted to the post of Assistant Director of Employment on 02.04.2004 in the pay scale of Rs. 15600-39100/- with Grade Pay of Rs. 6600/-. Subsequently, the petitioner was granted promotion to the post of Deputy Director of Employment and thereafter superannuated from service on 31.10.2017. On 16.10.2017, the petitioner informed the Principal Secretary, Department of Labour Resources, Government of Bihar, Patna about fake appointments on Class-III and Class-IV posts in the Department of Employment and the need to enquire into the matter. Pursuant to the Letter dated 16.10.2017, an enquiry was conducted and without any basis the department initiated departmental proceeding against the petitioner vide Resolution No. 2887 and 2888, both dated 31.10.2017, but the same was not served upon the petitioner, since on the same day he has superannuated. The said resolutions were not served upon the petitioner, since the same were said to have been sent to the previous place of posting of the petitioner i.e. Gaya Division, Gaya, therefore, the same was returned unserved. However, vide Memo Nos. 3112 and 3114 dated 16.11.2017 issued under the signature of the Deputy Secretary to the Government, Labour Resources Department, Government of Bihar, Patna a decision was taken to convert the departmental proceeding, initiated against the petitioner vide Memo No. 2888 dated 31.10.2017, in the proceeding under Rule, 43(b) of the Bihar Pension Rule, 1950. The petitioner was served with all the letters mentioned hereinabove i.e. Resolution Nos. 2887 and 2888 dated 31.10.2017 and Resolution Nos. 3112 and 3114 dated 16.11.2017, through registered post on 22.11.2017. Along with the letters, the charge of Memo was also annexed, from where the petitioner came to know about the initiation of departmental proceeding against him. Subsequently vide Letter No. 3468 dated 04.12.2017 issued under the signature of the Deputy Secretary to the Government, Labour Resources Department, Government of Bihar, Patna the petitioner was informed that the entire gratuity has been kept withheld due to the pending enquiry against him and he was also informed that his pension has been reduced by 10%.
The petitioner's senior counsel submitted that being aggrieved with the decision of the State Government the petitioner preferred C.W.J.C. No. 720 of 2018 before the Hig Court, wherein a Co-ordinate Bench of this Court vide its order dated 15.01.2018, while directing the respondent authorities to file counter affidavit, stayed further proceeding in the matter. The writ petition filed by the petitioner was finally heard by a Co-ordinate Bench of the High Court and vide order dated 05.09.2018, the same was partly allowed by quashing the departmental proceeding in relation to Letter Nos. 2887 and 2890 dated 31.10.2017 and further directed that the proceeding related to Letter Nos. 2887 and 2888 dated 31.10.2017 will continue, subject to the observations made in the order dated 05.09.2018. The petitioner also filed C.W.J.C. No. 16529 of 2017 and the same was disposed of vide order dated 19.04.2019 passed by a Co-ordinate Bench of the High Court with a direction to the respondent to release the withheld retiral dues and 90% gratuity amount in favour of the petitioner.
The petitioner's senior counsel submitted that in view of the observations made by the Single Judge vide his order dated 05.09.2018, passed in C.W.J.C. No. 720 of 2018, the Joint Labour Commissioner, Bihar vide Memo No. 2010 dated 08.05.2019 directed the Enquiry Officer to produce the letters/documents mentioned therein, in the enquiry, so that decision can be taken that whether the departmental proceeding under Rule 43 (b) of the Bihar Pension Rules has been initiated in violation of the provision contained therein or not, but even then no such documents were provided to the petitioner or produced before the authorities concerned. The petitioner filed an appeal before this Court against the order dated 05.09.2018 passed in C.W.J.C. No. 720 of 2018. The appeal filed by the petitioner was numbered as L.P.A. No. 1553 of 2018.
The petitioner's counsel also submitted that vide Letter dated 23.08.2021 the petitioner again requested the Conducting Officer to provide evidences with regard to proof of service of the charge-sheet upon the petitioner, before his date of retirement i.e. 31.10.2017, but no response was received by the petitioner, then he was constrained to again write a Letter dated 17.09.2021 to the Conducting Officer, wherein the petitioner again asked for the proof/evidence about the claim of serving notice/charge-sheet upon him before the date of retirement. Along with in the letter dated 17.09.2021, the petitioner also requested the Conducting Officer to call certain witnesses for their examination and cross-examination, to prove/disprove the charges against the petitioner, but no such document was ever provided to the petitioner.
The senior counsel for the petitioner submitted that the Enquiry/Conducting Officer vide his Letter No. 354 dated 04.02.2022 proceeded to submit his enquiry report before the disciplinary authority, wherein he came to the conclusion that since the delinquent has not appeared and denied the charges levelled against him, therefore, the Letter No. 1262 dated 27.08.2007 of the District Magistrate, Vaishali, which is the evidence of the charge-sheet, on the basis of the said letter the charges are found to be proved. Subsequently, vide Letter No. 691 dated 24.03.2022 issued under the signature of the Officer on Special duty, Labour Resource Department, Government of Bihar, Patna, second show cause notice was issued to the petitioner and the petitioner was directed to submits his reply within fifteen days, that why punishment be not imposed against the petitioner. In compliance thereof, the petitioner submitted his reply on 07.04.2022, wherein he took a defense that initiation of the departmental proceeding itself was in complete violation of the provisions contained in Rule 43 (b) of the Bihar Pension Rule, 1950 and other statutory Rules, as well as in violation of the principles of natural justice, in violation of Rule, 17 (3) and 17 (6) (iv) of the Bihar CCA Rule of 2005. The enquiry report was submitted without appreciation of any evidence.
The counsel for the petitioner submitted that a second supplementary counter affidavit was filed by the respondent-State on 13.08.2022 in LPA No. 1553 of 2018, filed by the petitioner, wherein the extract of the dispatch register was produced, which goes to show that the resolution letter (along with charge Memo Nos. 2887 and 2888) dated 31.10.2017 were dispatched for the first time through registered on 02.11.2017 i.e. after the retirement of the petitioner. The appeal preferred by the petitioner i.e. L.P.A. No. 1553 of 2018 was disposed of by the Division Bench of this Court vide judgment dated 31.08.2022 with a direction to the State-respondent to issue show cause notice to the petitioner in furnishing necessary materials with the Memo dated 31.10.2017 has been served upon the petitioner and on receipt of such notice and material, the petitioner was directed to file his explanation along with material information, if any and thereafter the disciplinary authority was directed to analyze the material fact and explanation to be submitted by the petitioner and take a decision within a period three months from the date of receipt of the order. The petitioner was directed to co-operate in deciding the issue with the disciplinary authority. It was further directed that till the decision is taken by the disciplinary authority, further action pursuant to the Memo dated 31.10.2017 shall be kept in abeyance, until decision is taken by the disciplinary authority.
Being aggrieved with the judgment dated 31.08.2022 passed in L.P.A. No. 1553 of 2018, the petitioner preferred SLP (Civil) No. 20131 of 2022. In the meantime the respondent-State, in compliance of order dated 31.08.2022 passed in L.P.A. No. 1553 of 2018, issued fresh show cause notice to the petitioner, without providing any acknowledgment or any certificate mandated under Section 65 (B) of the Indian Evidence Act and in violation of the directions given by the Division Bench in L.P.A. No. 1553 of 2018. In compliance thereof the petitioner filed his reply on 25.11.2022 to the fresh show cause notice dated 10.11.2022, wherein he explained that the proceeding initiated vide Memo Nos. 2887 and 2888 dated 31.10.2017 i.e. on the date of his retirement, are illegal, invalid and ultra virus, as the respondent authorities have failed to prove the service of the said notice/charge Memo upon the petitioner, during his service period and nor did they submit acknowledgment or certificate required under Section 65 (b) of the Indian Evidence Act, to make any electronic document admissible as evidence. The SLP preferred by the petitioner was disposed of on 06.12.2022 by the Supreme Court of India, in view of the fresh show cause notice issued by the State-respondent, with a direction to the petitioner to participate in the proceeding before the disciplinary authority and it was observed that it goes without saying that all the defences which may be available to the petitioner are kept open to be considered by the disciplinary authority in accordance with law and on its own merits.
The senior counsel of the petitioner relied on Supreme Court's decisions in State of Uttar Pradesh & Ors. vs. Saroj Kumar Sinha reported in (2010) 2 SCC 772, Roop Singh Negi vs. The Punjab National Bank & Ors. reported in (2009) 2 SCC 570, Arjun Panditrao Khotkar vs. Kailash Kushanrao Gorantyal & Ors. reported in (2020) 7 SCC 1 and Mohd. Idrish Ansari vs. State of Bihar & Ors. reported in AIR (1995) SC 1853.
Justice Kumar observed:"...this Court finds that the department had not produced any witness in the enquiry, even though the charges levelled against the petitioner, were denied by him. Therefore, the enquiry itself stood vitiated. This fact finds support from a recent judgment of the Hon’ble Supreme Court of India in a case bearing civil Appeal no. 4130 of 2026 (Arising out of SLP (C) No. 2900 of (Jai Prakash Saini Vs. Managing Director, U.P. Cooperative Federation Ltd. & Ors).....".
The Supreme Court held as follows:- “17. From the decisions of this Court in Sur Enamel (supra) and Kharak Singh (supra), followed in Chamoli District Cooperative (supra), which deals with similar service rules as are applicable here, it is now settled that unless the charged employee accepts his guilt in clear terms, an enquiry on the charges drawn against him would have to be held. In the enquiry, the employer/department would have to take steps first to lead evidence against the workmen / delinquent charged and give an opportunity to him to cross examine those witnesses. Only thereafter, the workmen / delinquent shall be asked whether he wants to lead any evidence and/or submit an explanation about the evidence led against him. Even in a case based solely on documentary evidence, unless the relied upon documents are admitted by the charged employee, a witness would have to be examined to prove those documents and when so examined, the witness would have to be tendered for cross-examination. 18. In the instant case, we find that the department had not produced any witness in the enquiry even though the charges levelled upon the appellant were denied by him. Therefore, in our view, the enquiry stood vitiated. Once the enquiry stood vitiated, the consequential order of punishment/ recovery cannot be sustained. We therefore allow this appeal. The impugned judgment and order of the High Court is set aside. The writ petition of the appellant stands allowed to the extent indicated below. The order of dismissal and consequential recovery is set aside. The Federation is, however, at liberty to hold a de novo enquiry, if it so desires, within a period of six months from the date of this order. If the Federation does not hold de novo enquiry as permitted above, the appellant shall be entitled to reinstatement with benefit of continuity in service including arrears of salary after adjusting suspension allowance, if any, paid already. In case the Federation chooses to hold an enquiry, it shall reinstate the appellant and place him under suspension till completion of the enquiry and during this period pay suspension allowance as may be payable in accordance with law. In case de novo enquiry is held, other service benefits including arrears of salary as well as benefits of continuity in service shall depend on the outcome of the enquiry.”
The High Court's judgement records that "No evidence has been brought on record by the respondent authorities to suggest that the disciplinary authority had ever directed for service of notice upon the petitioner through electronic mode and even if the same was sent to the petitioner, the same was sent by a sub-ordinate employee, by using his private computer, which is not permissible in law. Further, there is no valid proof of service of the said notice through electronic mode, upon the petitioner, since the required certificate in terms of section 65(b) (4) of the Evidence Act, by a Competent Officer was not brought on record by the respondent authorities and the office clerk, whose letter was brought on record, was neither authorized to grant certificate nor was the In-charge of the computer and he used his personal computer for the same, without any valid authorization. Further, even during course of the departmental enquiry there are discrepancies with regard to the email I.D, on which the said memo of charge dated 31.10.2017 is said to have been sent/dispatched, since different email IDs were mentioned, upon which the which the same was said to have been sent. Even the charges which were levelled against the petitioner were for the period, more than four years prior to his retirement and no proceeding in terms of the Rule 43 (b) of the Bihar Pension Rule, 1950 could have been initiated/conducted against the petitioner, after his retirement on 31.10.2017."
Justice Kumar observed:"The Enquiry Officer or the disciplinary authority did not bothered to take into account the directions given by a Co-ordinate Bench of this Court in C.W.J.C. 720 of 2018, Hon’ble Division Bench in L.P.A. 1553 of 2018 and even the Hon’ble Supreme Court of India in SLP (Civil No. 20131 of 2022), which was preferred by the petitioner against the judgment dated 31.08.2022 passed in L.P.A. No. 1553 of 2018. 26. Accordingly from the considerations made above, this Court has got no option, but to set aside the Letter no. 1216 dated 15.05.2023 issued by the Officer on Special duty, Department of Labour Resources, Government of Bihar, Patna, resolution contained in memo no. 3480 dated 16.11.2023, issued under the signature of the Under Secretary to the Government, Labour Resources Department, Government of Bihar, Patna, letter no. 425 dated 02.02.2024 issued under the signature of the officer on special duty, Labour Resources Department, Government of Bihar, Patna and memo no. 848 dated 07.03.2024 issued under the signature of the Joint Secretary, Labour Resources Department, Government of Bihar, Patna."
Justice Kumar relied on the High Court's judgment dated February 25, 2026 passed in Nutan Kumar Prabahat vs. The State of Bihar and Ors.), wherein, the Court held as follows:-“25. The High Court under Article 226/227 is entitled to interfere when the finding of fact is based on no evidence and if in every case where no valid evidence is laid at the enquiry proceeding, there is a remand made, it would be offering a premium to the negligence of the management/disciplinary authority and condoning the levity with which the departmental enquiry was conducted. It is the disciplinary authority, who appoints the Enquiry Officer and the Presenting Officer and it is expected that the Presenting Officer would be well versed in the procedures and also be informed in the manner in which evidence has to be laid before the Enquiry Officer, to prove the misconduct, alleged against a delinquent employee. In a disciplinary enquiry proceeding, it is also the trite principle that the standard of proof is preponderance of probability as distinguished from proof beyond reasonable doubt, as would be required in a criminal prosecution. However, if there is no evidence laid at the enquiry, there is no question of any preponderance of probability being drawn to find the allegations proved nor can the delinquent be penalised on the basis of peremptory finding without any valid evidence. The disciplinary authority had an opportunity in a properly constituted enquiry proceeding and if in such a proceeding no evidence was laid,the punishment of dismissal has to be found to be imposed on no valid evidence.”
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