Showing posts with label Control and Appeal) Rules. Show all posts
Showing posts with label Control and Appeal) Rules. Show all posts

Monday, November 2, 2026

Bihar Government Servants (Classification, Control and Appeal) Rules, 2005:Guide for Government Employees on Departmental Proceeding

The Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 regulate disciplinary control over most Bihar government servants. Separate constitutional provisions, service rules, police manuals, judicial-service rules, All India Service Rules or statutory employment regulations may apply to certain categories. The applicable appointment and disciplinary schedule must therefore be verified before preparing a defence. 

When a disciplinary proceeding starts against a Bihar government employee, the employee should immediately obtain the complaint, suspension order, charge memorandum, statement of imputations, witness list and document list; preserve relevant official and personal records; identify the competent disciplinary authority; and submit a paragraph-wise written statement of defence within the prescribed time. The employee should participate in the inquiry, demand inspection and copies of relied-upon documents, cross-examine departmental witnesses, produce defence evidence and object to every material procedural violation in writing. After the inquiry report, a representation should ordinarily be submitted within fifteen days. An adverse punishment order may generally be appealed within forty-five days, followed by, where applicable by revision, memorial or a service writ before the Patna High Court.

Who Are the Main Participants?

Disciplinary Authority

The disciplinary authority is the authority legally competent to institute the proceeding and impose a permissible penalty. Competence depends upon the employee’s service, cadre, group, appointment order and applicable delegation.

Inquiry Officer

The inquiry officer conducts the fact-finding hearing where the employee denies one or more major-penalty charges. The inquiry officer must remain impartial and cannot act as the departmental prosecutor.

Presenting Officer

The presenting officer presents the department’s case, produces documents, examines witnesses and responds to the employee’s defence.

Charged Government Servant

The employee against whom articles of charge are issued is generally referred to as the charged government servant or delinquent employee.

Defence Assistant

The charged employee may ordinarily take assistance from an eligible serving or retired government servant in accordance with the Rules. Engagement of a legal practitioner is not an automatic right. It may be permitted where the presenting officer is a legal practitioner or where the disciplinary authority grants permission based on the circumstances and complexity of the matter.

Five Stages That Should Not Be Confused

1. Complaint or Allegation

A complaint is merely information alleging misconduct. It may come from a citizen, subordinate, superior officer, audit team, vigilance authority, complainant, contractor or another department.

2. Preliminary Verification

The department may examine whether there is sufficient material to initiate a formal proceeding. A preliminary verification is generally fact-finding and is not itself the final disciplinary inquiry.

3. Suspension

Suspension temporarily prevents the employee from discharging ordinary duties. It is not, by itself, a finding of guilt or a final punishment.

4. Formal Charge Memorandum

The charge memorandum begins the formal accusation process. In Bihar practice, major-penalty charges are frequently issued through the prescribed charge form commonly referred to as Prapatra-Ka.

5. Inquiry and Final Order

If charges are denied and a major penalty is contemplated, evidence must be examined through the Rule 17 procedure before the disciplinary authority takes a final decision.
What Should an Employee Do in the First 48 Hours?

    Note the exact date and method of service of every order.
    Scan and preserve the complete charge memorandum and annexures.
    Do not write an immediate emotional confession or apology.
    Identify the deadline for submitting the written defence.
    Obtain the suspension order, if any.
    Check whether articles of charge, imputations, documents and witnesses are separately supplied.
    Prepare a date-wise chronology of the relevant official work.
    Preserve emails, registers, files, orders, attendance records and digital material lawfully available to the employee.
    Do not remove original government files from official custody.
    Ask in writing for inspection or certified copies of necessary records.
    Identify officers and witnesses who can support the defence.
    Verify the disciplinary authority’s legal competence.
    Consult the relevant service rules before submitting the final reply.

Part I — Suspension Under Rule 9

When May a Government Employee Be Suspended?

Under Rule 9, a competent authority may place a government servant under suspension in circumstances including:

    A disciplinary proceeding is contemplated or pending;
    The employee has engaged in activities prejudicial to the security of the State; or
    A criminal case against the employee is under investigation, inquiry or trial and suspension is considered necessary in the public interest.

Suspension should be based upon the applicable statutory ground and an identifiable administrative need. It should not be used merely to stigmatise or indefinitely isolate an employee.
Deemed Suspension

A government servant may be treated as deemed suspended where:

    The employee remains in custody for more than forty-eight hours; or
    The employee is sentenced to imprisonment exceeding forty-eight hours and is not immediately dismissed, removed or compulsorily retired.

The employee or family should immediately inform the department about custody, release, bail and court orders. Concealing custody may create a separate allegation.
Three-Month Rule Under Rule 9(7)

Where suspension is imposed because a departmental proceeding is contemplated or pending under Rule 9(1)(a), the authority is expected to frame the charge within three months.

If charges are not framed within that period:

    The suspension may stand revoked unless it is lawfully renewed;
    Renewal must be supported by reasons recorded in writing;
    The extended period is limited under the Rule; and
    Continuation without the statutory renewal process may be challenged.

Patna High Court has distinguished suspension under Rule 9(1)(c) arising from a criminal case. The Rule 9(7) departmental-charge time mechanism should not automatically be applied to every criminal-case suspension.

What Should Be Done After Three Months?

The employee should obtain:

    The original suspension order;
    Any review or extension order;
    The date on which charges were framed;
    Proof of service of the charge memorandum;
    The statutory ground of suspension; and
    The reasons recorded for continuation.

A written representation may seek revocation where Rule 9(7) has not been complied with. If no reasoned decision is taken, a service writ may be considered before the Patna High Court.
Subsistence Allowance Under Rule 10

A suspended employee is ordinarily entitled to subsistence allowance rather than full salary. The initial amount is generally linked with leave salary on half pay together with admissible dearness allowance.

After the prescribed period, the competent authority may revise the amount depending upon whether delay in the proceeding is attributable to the employee or to the department.

The employee should:

    Mark attendance or presence at the designated headquarters where required;
    Submit the prescribed non-employment certificate;
    Maintain updated bank and address details;
    Seek correction of unpaid or incorrectly calculated allowance promptly; and
    Preserve monthly payment records.

Denial of adequate subsistence allowance may impair the employee’s ability to defend the proceeding and may become relevant to natural-justice review.
What Happens After Reinstatement?

Under Rule 11, the competent authority should pass a specific order concerning:

    Pay and allowances for the suspension period;
    Whether the suspension period will be treated as duty;
    Adjustment of subsistence allowance already paid; and
    Consequential service and pension benefits.

Where suspension is found wholly unjustified, the employee may claim fuller monetary and service treatment. Reinstatement alone does not automatically decide back wages; the consequential order must be examined.

Appeal Against Suspension

Rule 23 permits an appeal against an order of suspension. The appeal should not merely state that suspension is harsh. It should address:

    Lack of statutory ground;
    Absence of public-interest necessity;
    Non-compliance with Rule 9(7), where applicable;
    Failure to conduct periodic review;
    Disproportionate continuation;
    No risk of record tampering or witness influence;
    Completion of investigation; and
    Availability of transfer or non-sensitive posting as an alternative.

Part II — Charge Memorandum

What Must a Major-Penalty Charge Memorandum Contain?

Under Rule 17, the charge memorandum should ordinarily contain:

    Definite and distinct articles of charge;
    A statement of imputations explaining the facts underlying each charge;
    A list of documents relied upon by the department;
    A list of witnesses proposed to prove the charges;
    Direction to submit a written statement of defence;
    Information regarding personal hearing, where applicable; and
    Details of the competent disciplinary authority.

A vague statement such as “the employee acted negligently” is ordinarily insufficient unless the document identifies the duty, date, decision, rule, alleged omission and resulting consequence.
Charge and Imputation Are Different

The article of charge states the alleged misconduct in a concise form. The statement of imputation supplies the factual narrative and circumstances relied upon to prove it.

For example:

    The charge may allege unauthorised absence.
    The imputation should identify the exact dates, leave applications, rejection orders, attendance records and relevant conduct rule.

Can a Charge Memorandum Be Challenged Immediately in the High Court?

Ordinarily, courts do not interfere merely because a charge memorandum has been issued. The employee is generally expected to submit a defence and allow the competent authority to proceed.

Immediate judicial interference may be considered in exceptional situations such as:

    The issuing authority has no jurisdiction;
    The charge is prohibited by a binding court order;
    The proceeding is founded upon demonstrated legal mala fides;
    The allegation, even if accepted, cannot amount to misconduct;
    The proceeding violates a specific statutory prohibition;
    The same authority acts contrary to an earlier final exoneration without legal basis; or
    Extraordinary and unexplained delay has caused demonstrable prejudice.

Even where a writ is contemplated, the employee should avoid missing the departmental deadline unless protected by a judicial order.

What If Documents Are Missing?

The employee should submit a written request identifying each document and explaining its relevance. The request should distinguish:

    Documents relied upon by the department;
    Documents required for cross-examination;
    Documents in government custody supporting the defence;
    Witness statements recorded during preliminary verification; and
    Records whose non-production may prejudice the defence.

A general demand for “all office records” may be rejected as vague. Every request should connect the document with a particular charge or defence.

Part III — Written Statement of Defence

How Should the Defence Reply Be Drafted?

A professional written statement should contain:

    Employee’s name, designation, service and office;
    Reference number and date of charge memorandum;
    Preliminary objections;
    Response to Article of Charge I;
    Response to Article of Charge II and subsequent charges;
    Document-wise explanation;
    Witness-wise relevance;
    Request for inspection and copies;
    List of defence documents;
    List of defence witnesses;
    Request for personal hearing;
    Request for dropping unsupported charges; and
    Reservation of the right to supplement the defence after receiving records.

Best Method of Replying to Each Charge

For every article, state:

    Whether it is admitted, denied or partly admitted;
    Which facts are incorrect;
    Which facts are incomplete or misleading;
    What official rule or order actually applied;
    Who had the final decision-making authority;
    Which records support the employee;
    Whether loss or misconduct is actually established; and
    Why the alleged act does not justify the proposed disciplinary conclusion.

Do Not Use These Defences Alone

    “I am innocent.”
    “I have served honestly for many years.”
    “The complainant is lying.”
    “My superior verbally told me to do it.”
    “Others also followed the same practice.”
    “No criminal conviction has occurred.”

These matters may support the defence but should be connected with specific records, instructions and legal grounds.
Can an Employee Admit a Technical Error?

A factual mistake should not be denied dishonestly. However, admission of an administrative error should be carefully distinguished from admission of misconduct.

The defence may explain:

    Absence of dishonest intent;
    No personal benefit;
    No pecuniary loss;
    Ambiguous instructions;
    Excessive workload;
    Collective decision-making;
    Immediate corrective action;
    Established departmental practice; and
    Whether the matter amounts to negligence or merely an error of judgment.

Part IV — Appointment of Inquiry Officer and Presenting Officer

Where a major penalty is contemplated and the employee denies the charges, an inquiry officer is appointed. A presenting officer may be appointed to present the department’s case.

The appointment order should be checked for:

    Authority issuing it;
    Charges referred for inquiry;
    Name and designation of inquiry officer;
    Name and designation of presenting officer;
    Whether the inquiry officer has prior involvement in the dispute;
    Whether any apparent bias exists; and
    Whether the 2025 Chief Inquiry Commissioner Directorate framework applies.

Objection to Bias

An objection should be raised promptly where the inquiry officer:

    Was the complainant;
    Conducted the investigation and formed final adverse conclusions;
    Is personally involved in the disputed transaction;
    Has expressed predetermined guilt; or
    Has a direct institutional or personal conflict.

A vague assertion that the officer belongs to the same department is ordinarily insufficient. The objection should disclose specific facts demonstrating a reasonable apprehension of bias.

Part V — Preliminary Inquiry Hearing and Document Inspection

The inquiry officer ordinarily calls the employee to appear within the period prescribed by Rule 17. The initial appearance is used to:

    Confirm receipt of charges;
    Record admission or denial;
    Consider the defence-assistant request;
    Schedule inspection of documents;
    Identify requested government records;
    Fix the evidence schedule; and
    Issue procedural directions.

Document Inspection

The employee should inspect each relied-upon document and record:

    Page number;
    File number;
    Date;
    Author;
    Whether the original is available;
    Missing pages or enclosures;
    Corrections or overwriting;
    Whether the document was prepared contemporaneously; and
    Whether any connected file noting has been withheld.

After inspection, submit a written acknowledgment stating what was actually shown and what remained unavailable.
Can the Department Refuse a Defence Document?

The inquiry authority may decline a document request where it is irrelevant, unavailable, privileged or contrary to public interest. The refusal should be reasoned.

The employee should request that:

    The rejection be recorded in the order sheet;
    The department disclose whether the record exists;
    The relevance explanation be considered; and
    An adverse inference be drawn where a crucial available record is withheld without lawful reason.

Part VI — Departmental Evidence

The burden to establish the charge initially lies upon the department. The presenting officer should produce the listed records and examine witnesses capable of proving them.

A document does not necessarily prove itself merely because it is present in an official file. The inquiry should establish:

    Who created the document;
    How it was maintained;
    What transaction it records;
    Whether it is complete;
    Whether the employee authored, received or acted upon it; and
    How it supports the particular charge.

Cross-Examination

Cross-examination may test:

    Personal knowledge of the witness;
    Source of information;
    Whether the witness was present;
    Contradictions with earlier statements;
    Missing records;
    Authority and responsibility of other officers;
    Established office practice;
    Whether loss was actually quantified;
    Whether the employee received any personal benefit; and
    Bias or interest of the witness.

Questions and answers should be properly recorded. Where a relevant question is disallowed, request that both the question and the inquiry officer’s ruling be entered in the proceedings.
Additional Evidence

The inquiry officer may permit additional evidence where necessary, but it should not be used merely to fill a fundamental gap after the department’s case fails.

The employee should receive:

    Advance notice;
    Copy or inspection of the additional material;
    Opportunity to cross-examine; and
    Opportunity to produce rebuttal evidence.

Part VII — Defence Evidence

After departmental evidence, the employee may produce:

    Office orders;
    File notings;
    Registers;
    Duty charts;
    Approval records;
    Technical reports;
    Attendance and leave documents;
    Medical records;
    Audit clarifications;
    Digital correspondence;
    Comparable departmental decisions;
    Witnesses with direct knowledge; and
    Evidence explaining the division of responsibility.

Should the Employee Give Oral Evidence?

Whether the employee should testify personally is a strategic decision. Oral evidence may clarify facts but also exposes the employee to questioning.

The decision should consider:

    Whether the documents already establish the defence;
    Whether the employee has direct personal knowledge;
    Whether a criminal case is simultaneously pending;
    Risk of inconsistent statements;
    Whether the allegation concerns intent or technical procedure; and
    Whether the inquiry officer has asked general explanatory questions.

Written Brief

At the conclusion of evidence, a written brief should connect every charge with:

    The evidence required to prove it;
    The evidence actually produced;
    Contradictions in departmental testimony;
    Unproved documents;
    Defence evidence;
    Applicable rules;
    Absence of loss, intent or personal gain; and
    The requested finding of “not proved.”

Part VIII — Ex Parte Inquiry

If the employee repeatedly fails to participate despite lawful notice, the inquiry may proceed ex parte.

Ex parte does not mean automatic proof of charges. The department must still produce evidence and the inquiry officer must assess whether the charges are established.

An employee who missed a date should immediately submit:

    Reason for absence;
    Supporting medical or travel documents;
    Request to recall the ex parte order;
    Undertaking to attend future dates; and
    Request to cross-examine witnesses already examined, where permissible.

Part IX — Inquiry Report

The inquiry report should contain:

    Each article of charge;
    The employee’s defence;
    Departmental evidence;
    Defence evidence;
    Assessment of evidence;
    Finding on each charge; and
    Reasons supporting the conclusion.

A conclusion such as “the charge is proved from the record” without identifying evidence and reasoning may be challenged as cryptic.
Inquiry Officer’s Role Ends With Findings

The inquiry officer ordinarily determines whether charges are proved. The disciplinary authority decides the penalty unless a special rule provides otherwise.

The inquiry officer should not:

    Act as presenting officer;
    Collect secret evidence behind the employee’s back;
    Base findings on material never disclosed;
    Substitute a completely different charge without opportunity; or
    Recommend punishment in a manner prejudicing the statutory decision.

Part X — Disagreement Note and Representation Under Rule 18
What If the Inquiry Officer Exonerates the Employee?

The disciplinary authority is not invariably bound by the inquiry officer’s conclusion. It may disagree where the record justifies a different finding.

Before converting an exonerating finding into guilt, the disciplinary authority should:

    Record tentative reasons for disagreement;
    Supply those reasons to the employee;
    Supply the inquiry report;
    Give a reasonable opportunity to represent; and
    Consider the representation before recording a final adverse conclusion.

A final disagreement conclusion issued without a prior opportunity may violate natural justice and Rule 18.
Representation After Inquiry Report

The employee is ordinarily given fifteen days to submit a representation on the inquiry report and any disagreement findings.

The representation should address:

    Procedural violations;
    Non-supply of records;
    Evidence not formally proved;
    Witness contradictions;
    Findings based on no evidence;
    Findings beyond the charge;
    Misreading of the defence;
    Failure to consider exculpatory records;
    Improper disagreement;
    Delay and prejudice;
    Past service record;
    Proportionality; and
    Relief sought.

    Do not submit only a mercy petition: The post-inquiry representation is the employee’s most important opportunity to expose legal and evidentiary defects before the final punishment order.

Can the Disciplinary Authority Order Further Inquiry?

Rule 18 permits the disciplinary authority to remit the matter for further inquiry where necessary.

Further inquiry should ordinarily:

    Resume from the defective or incomplete stage;
    Remain confined to the existing charges;
    Give the employee full opportunity; and
    Not become a fresh second inquiry merely to obtain a desired finding after the first inquiry failed.

A new charge requires the proper charge-framing process rather than informal addition at the report stage.

Part XI — Minor Penalty Procedure Under Rule 19

A minor penalty does not always require a complete oral inquiry. The employee must nevertheless receive:

    The proposed action or charge;
    Statement of imputations;
    Reasonable opportunity to represent;
    Consideration of the defence; and
    A reasoned final order.

A full inquiry may become necessary where:

    Material facts are seriously disputed;
    The charge depends upon witness credibility;
    Recovery of substantial alleged loss is proposed;
    The penalty has serious civil consequences; or
    The applicable rule requires inquiry in the circumstances.

Part XII — Penalties Under Rule 14

Minor Penalties

Minor penalties include:

    Censure;
    Withholding of promotion;
    Recovery from pay of pecuniary loss caused to the Government;
    Reduction to a lower stage in the time scale for a limited period, within the Rule’s conditions;
    Withholding of increments without cumulative effect; and
    Other penalties classified as minor under the current Rule.

Major Penalties

Major penalties include:

    Withholding of increments with cumulative effect;
    Reduction to a lower stage in the time scale with specified consequences;
    Reduction to a lower time scale, grade, post or service;
    Compulsory retirement as a penalty;
    Removal from service; and
    Dismissal from service.

Removal and Dismissal Are Different

Removal ordinarily does not automatically disqualify the employee from future government employment. Dismissal ordinarily creates such disqualification unless otherwise provided.
Warning

A warning is not necessarily a statutory Rule 14 penalty. However, where entered in the character roll or service record, it may affect promotion, posting, confirmation or assessment. An employee should therefore seek correction where a warning contains factually or legally incorrect adverse conclusions.
Recovery of Government Loss

Recovery should not be ordered merely because an administrative irregularity occurred. The order should identify:

    The actual pecuniary loss;
    The employee’s duty;
    The causal connection;
    The employee’s responsibility;
    Method of calculation; and
    Why recovery is proportionate.

Estimated, collective or hypothetical loss should not be mechanically recovered from one employee without findings supporting individual liability.
Proportionality of Punishment

The authority should consider:

    Nature of misconduct;
    Intent or motive;
    Financial loss;
    Personal gain;
    Position of responsibility;
    Past service record;
    Repeated or isolated conduct;
    Effect on public administration;
    Treatment of similarly placed employees; and
    Whether a lesser penalty would meet the object of discipline.

Courts do not ordinarily replace the departmental penalty merely because another punishment appears preferable. Interference may occur where the punishment is shockingly disproportionate, discriminatory, unsupported or based upon legally invalid findings.
Part XIII — Special Procedure Under Rule 20

The ordinary inquiry may be dispensed with in limited constitutional circumstances, including:

    Penalty based upon conduct leading to criminal conviction;
    It is not reasonably practicable to hold an inquiry; or
    Security of the State makes inquiry inexpedient.

These exceptions must be strictly applied. The authority should not merely state that an inquiry is inconvenient. Reasons supporting impracticability should ordinarily exist in the record.
Action After Criminal Conviction

A criminal conviction may permit departmental action without repeating a full inquiry into the conviction facts. The authority must nevertheless consider:

    The conduct underlying the conviction;
    Nature of the offence;
    Employee’s service and post;
    Whether conviction is stayed or only sentence is suspended;
    Proposed penalty; and
    Opportunity required by the applicable provision.

A pending criminal appeal does not automatically prohibit departmental action based upon a subsisting conviction.

Part XIV — Final Punishment Order

The final order should ordinarily disclose:

    Charges considered;
    Inquiry findings;
    Disagreement reasons, if any;
    Employee’s representation;
    Decision on procedural objections;
    Penalty imposed;
    Effective date;
    Consequential recovery or service effect;
    Consultation advice where legally required; and
    Appellate remedy.

An order that merely states “representation is unsatisfactory” without dealing with material objections may be challenged as non-speaking and mechanical.

Part XV — Appeal Under Rules 23 to 27

Which Orders May Be Appealed?

Subject to the Rules, an appeal may generally lie against:

    Suspension;
    A minor penalty;
    A major penalty;
    Treatment of the suspension period;
    Pay and allowance consequences; and
    Other appealable service orders specified by the Rules.

Appeal Limitation

Rule 25 ordinarily provides forty-five days from delivery of the impugned order. Delay may be condoned where sufficient cause is shown.

The employee should not wait for:

    Recovery to begin;
    Promotion to be denied;
    Pension papers to be withheld;
    A representation to remain unanswered; or
    An informal assurance that the order will be reconsidered.

How Should the Appeal Be Drafted?

The appeal should be self-contained, respectful and filed in the employee’s own name. It should contain:

    Details of the employee and appointment;
    Impugned order and date of service;
    Chronology of proceeding;
    Charges and findings;
    Procedural grounds;
    Evidentiary grounds;
    Natural-justice violations;
    Disagreement-note defects;
    Proportionality grounds;
    Past service record;
    Comparable treatment, if legally relevant;
    Delay-condonation request, if necessary;
    Interim-stay request; and
    Final relief.

What Must the Appellate Authority Examine?

Under Rule 27, the appellate authority should consider:

    Whether the prescribed procedure was followed;
    Whether any violation caused failure of justice;
    Whether findings are supported by evidence;
    Whether the penalty is adequate, excessive or inadequate; and
    Whether the matter should be confirmed, reduced, enhanced, set aside or remitted.

The appellate authority must pass a reasoned order. Mechanical reproduction of the punishment order is not sufficient appellate consideration.
Can the Appellate Authority Increase the Punishment?

Yes, where the Rules permit enhancement. Before increasing the punishment, the employee must receive a lawful opportunity to show cause. If the enhanced penalty requires a major-penalty inquiry that was not earlier held, the necessary procedure must be followed.
Does Filing an Appeal Automatically Stay the Punishment?

No. A separate interim request should be made where the employee seeks:

    Stay of dismissal or removal;
    Stay of recovery;
    Protection of retirement benefits;
    Protection of promotion consideration;
    Stay of reduction in rank; or
    Continuation of medical or residential facilities.

Who Is the Appellate Authority?

The appellate authority depends upon:

    Employee’s service and group;
    Appointing authority;
    Authority that imposed the penalty;
    Departmental delegation;
    Cadre-control rules; and
    Whether the order was passed by the State Government itself.

Do not assume that every appeal lies before the District Magistrate, Commissioner or Departmental Secretary. The applicable schedule and appointment order must be checked.


Part XVI — Revision Under Rule 28

Rule 28 provides revisional power to specified authorities, including the Government or other competent authority, depending upon the case.

Revision may examine:

    Legality;
    Propriety;
    Material procedural irregularity;
    Evidence;
    Penalty; and
    Whether the matter requires remand or modification.

The Rule refers to exercise of revisional jurisdiction within the prescribed period, commonly six months in the situations covered by the provision. The exact route and authority should be verified from the final order and departmental rules.

Part XVII — Memorial Against Government Order

Where the punishment order is passed by the State Government and no departmental appeal lies, the Rules contemplate a review request in the form of a memorial.

A memorial should:

    Be filed promptly;
    State why no ordinary appeal lies;
    Identify manifest illegality or injustice;
    Avoid repetition of unsupported allegations;
    Include the complete departmental record; and
    Seek a specific review, modification or reconsideration.

The Rules do not provide a licence to delay indefinitely. Delay and laches may affect both administrative and judicial relief.

Part XVIII — Writ Petition Before Patna High Court

When May a Service Writ Be Filed?

A writ petition may be considered where:

    The authority lacked jurisdiction;
    Rule 17 procedure was materially violated;
    Relied-upon documents were denied;
    Cross-examination was unlawfully refused;
    No departmental evidence was produced;
    The inquiry officer acted as prosecutor;
    Findings are based on no evidence;
    Findings are perverse;
    The disciplinary authority disagreed without notice;
    The representation was ignored;
    The appellate order is mechanical;
    The punishment is shockingly disproportionate;
    Extraordinary delay caused serious prejudice;
    Rule 9 suspension requirements were violated;
    A second inquiry was initiated merely to fill evidentiary gaps; or
    Retirement or pension action violates the Bihar Pension Rules.

What the High Court Normally Does Not Do

The Patna High Court ordinarily does not:

    Act as a second departmental inquiry officer;
    Reweigh every witness statement;
    Substitute its preferred factual conclusion where some evidence exists;
    Interfere merely because another penalty was possible; or
    Enter disputed facts requiring a full evidentiary trial.

Possible High Court Relief

    Quashing of suspension;
    Direction for suspension review;
    Quashing of inquiry report;
    Quashing of punishment and appellate orders;
    Remand from the legally defective stage;
    Reinstatement;
    Restoration of salary or pension benefits;
    Fresh consideration of representation or appeal;
    Time-bound completion of proceeding;
    Stay of recovery or punishment; and
    Consequential service benefits, depending upon the case.

Interim Relief Before the Patna High Court

Interim relief may include:

    Stay of recovery;
    Protection from immediate dismissal consequences;
    Direction to release subsistence allowance;
    Protection of pension processing;
    Permission to participate in promotion subject to result;
    Direction to decide appeal or representation; and
    Protection against coercive implementation of a legally defective order.

Interim relief is discretionary. A strong prima facie case, urgency, balance of convenience and irreparable injury should be specifically pleaded.

Part XIX — Parallel Criminal and Departmental Proceedings

 Can Both Proceedings Continue Together?

Yes. Criminal prosecution and departmental proceedings operate in different fields and apply different standards of proof.

    Criminal guilt must ordinarily be proved beyond reasonable doubt.
    Departmental charges are ordinarily decided on preponderance of probabilities.

When May the Departmental Inquiry Be Stayed?

A stay may be considered where:

    The criminal and departmental charges arise from identical facts;
    The criminal charge is grave;
    Complex questions of fact and law are involved;
    Disclosure of the departmental defence may seriously prejudice the criminal defence; and
    The criminal trial is likely to proceed without unreasonable delay.

There is no automatic stay merely because an FIR or criminal trial exists.

Effect of Acquittal

Acquittal does not automatically nullify departmental punishment because:

    The standards of proof differ;
    The charges may not be identical;
    The evidence may differ;
    The acquittal may be based on benefit of doubt; and
    Service misconduct may exist even where a criminal offence is not proved.

An honourable acquittal on the same evidence and identical factual foundation may nevertheless provide a strong basis for review, appeal or writ relief.

Part XX — Proceedings After Retirement

Retirement does not automatically erase every pending allegation. Pension proceedings may continue or be initiated where permitted under the Bihar Pension Rules, particularly in relation to grave misconduct or pecuniary loss.

The authority should establish:

    Statutory power to continue or institute the proceeding;
    Required sanction, where applicable;
    Compliance with time restrictions;
    Finding of grave misconduct or negligence where required;
    Actual pecuniary loss for recovery; and
    Reasoned proportionality of pension withholding.

A routine disciplinary finding should not be converted mechanically into pension forfeiture without satisfying the distinct pension-rule requirements.

Relevant Judgments 

1. Amit Kumar vs. State of Bihar — Patna High Court, 30 June 2026

The Patna High Court applied Rule 9(7) where a departmental suspension continued without framing charges within three months and without a lawful reasoned renewal. The Court treated the suspension as automatically revoked and granted consequential relief.

2. Nutan Kumar Prabhat vs. State of Bihar — Patna High Court, 25 February 2026

The Court found serious defects where the charge memorandum lacked proper supporting particulars, documents and witnesses were not lawfully proved, the complainant was not examined, cross-examination was unavailable, the inquiry report was cryptic, the second show-cause reply was ignored and the appeal was decided mechanically. The dismissal order was set aside.

3. Ram Sumer Sharma vs. State of Bihar — Patna High Court, 19 February 2026

The Court explained that the disciplinary authority may remit a matter for further inquiry from the defective stage under Rule 18, but cannot initiate a fresh second inquiry merely to fill gaps or alter charges informally. Pension punishment was also interfered with where the required finding of grave misconduct or pecuniary loss was absent.

4. Dr. Kalika Kumar Singh vs. State of Bihar — Patna High Court, 17 March 2026

The inquiry officer had exonerated the employee. The disciplinary authority imposed punishment without properly recording and serving tentative disagreement reasons and without granting the effective Rule 18 opportunity. The punishment and appellate orders were set aside.

5. Suman Kumar Sinha vs. State of Bihar — Patna High Court, 24 March 2026

The Court considered an extraordinarily delayed proceeding continuing for more than a decade without proper progress. Unexplained delay and demonstrated prejudice resulted in interference with the charges and proceeding.

6. Punjab National Bank vs. Kunj Behari Misra

The Supreme Court held that where the inquiry officer exonerates an employee and the disciplinary authority proposes to disagree, the employee must receive tentative disagreement reasons and an opportunity to represent before a final adverse finding is recorded.

 7. Managing Director, ECIL vs. B. Karunakar

The inquiry report must be supplied to the employee before the disciplinary authority imposes punishment. The court examines whether non-supply caused prejudice and may remit the matter from the defective stage rather than automatically ending the proceeding in every case.

8. State of Uttar Pradesh va. Saroj Kumar Sinha

An inquiry officer acts in a quasi-judicial capacity. Even in an ex parte inquiry, the department must lead evidence. Charges cannot be treated as proved merely because the employee remains absent.

9. State of Uttaranchal vs. Kharak Singh

The inquiry officer should not act as prosecutor. The department must present evidence through the proper process and the employee must receive a fair opportunity to meet it.

10. Roop Singh Negi vs. Punjab National Bank

Official documents, FIR material or investigation records do not automatically prove disciplinary charges. The quasi-judicial authority must assess legally presented evidence and give reasons.
 

11. B.C. Chaturvedi vs. Union of India

Judicial review examines the decision-making process, competence, natural justice, evidence and proportionality. Courts ordinarily do not act as appellate authorities to reappreciate the entire departmental evidence.

12. Union of India vs. P. Gunasekaran

The High Court cannot reweigh evidence merely because another view is possible. Interference is justified where the inquiry is incompetent, violates natural justice, considers extraneous matters, ignores relevant evidence or reaches a perverse or no-evidence conclusion.


13. Union of India vs. Kunisetty Satyanarayana

A writ petition against a mere charge memorandum is ordinarily premature. Exceptional interference may occur where the authority lacks jurisdiction or the charge is wholly illegal.

14. Ajay Kumar Choudhary vs. Union of India

The Supreme Court cautioned against prolonged suspension and stated that suspension should not ordinarily continue beyond three months if the charge memorandum is not served, while a reasoned extension is required after service. Bihar employees must additionally apply the specific text and distinctions contained in Rule 9.

15. Prem Nath Bali vs. Registrar, Delhi High Court

Departmental inquiries should ordinarily be completed expeditiously, preferably within six months and, in exceptional cases, within a reasonably extended period. The decision is guidance against avoidable administrative delay rather than a universal automatic termination rule.

16. P.V. Mahadevan vs. Managing Director, Tamil Nadu Housing Board

Extraordinary, unexplained delay may prejudice the employee and defeat the purpose of disciplinary control. Courts may quash stale proceedings where the department cannot justify the delay and the employee has suffered serious prejudice.

17. Union of India vs. J. Ahmed

Mere inefficiency, lack of highest performance or an error of judgment does not automatically amount to misconduct. The applicable conduct rule and culpable character of the act must be identified.

 18. Capt. M. Paul Anthony vs. Bharat Gold Mines Ltd.

Criminal and departmental proceedings may ordinarily continue simultaneously. Stay may be justified where both arise from identical grave facts and the departmental defence would seriously prejudice the criminal trial.

19. Union of India vs. Tulsiram Patel

The constitutional exceptions to departmental inquiry under Article 311(2) are limited and must be strictly applied. Dispensing with inquiry requires lawful reasons and cannot be based upon mere administrative convenience.

20. State Bank of Patiala vs. S.K. Sharma

Courts distinguish between complete denial of natural justice and a procedural irregularity. In cases of partial procedural defect, the employee should demonstrate the prejudice caused to the defence.

Grounds for Challenging a Departmental Proceeding

    Incompetent disciplinary authority;
    Vague or indefinite charge;
    No statement of imputations;
    No document or witness list;
    Denial of relied-upon documents;
    Denial of relevant defence documents;
    Biased inquiry officer;
    Inquiry officer acting as prosecutor;
    No presenting officer and no departmental evidence;
    Denial of cross-examination;
    Reliance on undisclosed material;
    Ex parte finding without proof;
    Finding beyond the charge;
    Finding based on no evidence;
    Perverse finding;
    Non-supply of inquiry report;
    No tentative disagreement note;
    Non-consideration of representation;
    Unreasoned punishment order;
    Mechanical appellate order;
    Disproportionate penalty;
    Discriminatory treatment;
    Unexplained extraordinary delay;
    Illegal second inquiry;
    Violation of suspension-review requirements;
    Incorrect pension-rule action; and
    Mala fide exercise supported by specific facts.

Time Periods

    Departmental suspension charge period: Rule 9(7) should be checked immediately after three months where suspension is under Rule 9(1)(a).
    Initial appearance before inquiry officer: Generally fixed within the Rule 17 working-day framework.
    Document inspection: Seek within the time granted by the inquiry officer and request extension before expiry.
    Post-inquiry representation: Ordinarily fifteen days under Rule 18.
    Departmental appeal: Ordinarily forty-five days from delivery of the order.
    Revision: Apply within the applicable Rule 28 period and do not wait unnecessarily.
    Writ petition: No routine statutory limitation, but unexplained delay and laches can defeat relief.

Documents Required for Complete Legal Review

    Appointment and promotion orders;
    Service-book extracts;
    Applicable service and conduct rules;
    Complaint or audit report;
    Preliminary inquiry report, where available;
    Suspension order;
    Suspension-review and extension orders;
    Subsistence-allowance record;
    Charge memorandum;
    Statement of imputations;
    Document list;
    Witness list;
    Written statement of defence;
    Inquiry-officer and presenting-officer appointment orders;
    Daily inquiry order sheets;
    Inspection requests and replies;
    Departmental witness depositions;
    Cross-examination records;
    Defence documents and witness statements;
    Written briefs;
    Inquiry report;
    Disagreement note;
    Second show-cause or representation;
    Final punishment order;
    Appeal and appellate order;
    Revision or memorial;
    Criminal-case documents;
    Pension proceeding records; and
    Complete date-wise chronology.

Common Mistakes by Government Employees

    Ignoring the charge memorandum.
    Submitting a one-page general denial.
    Confessing without understanding the legal consequence.
    Removing original official files.
    Failing to request missing records.
    Not attending the inquiry.
    Not cross-examining departmental witnesses.
    Failing to nominate a defence assistant promptly.
    Not recording objections in writing.
    Relying entirely on oral assurances by superior officers.
    Not preserving inquiry order sheets.
    Failing to file the fifteen-day representation.
    Filing only a mercy petition instead of legal objections.
    Missing the forty-five-day appeal period.
    Assuming an appeal automatically stays punishment.
    Waiting indefinitely for an informal reconsideration.
    Filing a writ without exhausting an effective appeal.
    Requesting all records without explaining relevance.
    Using inconsistent defences in criminal and departmental cases.
    Assuming retirement ends every proceeding.

Practical Departmental-Defence Checklist

    Identify the governing service rules.
    Verify the disciplinary and appellate authorities.
    Record the service date of every order.
    Prepare a master chronology.
    Break every charge into factual ingredients.
    Identify the departmental evidence required for each ingredient.
    Request relied-upon and necessary defence records.
    Submit a paragraph-wise written defence.
    Nominate a qualified defence assistant.
    Attend every inquiry date.
    Maintain a separate inquiry file.
    Cross-examine witnesses strategically.
    Produce defence evidence lawfully.
    Submit a written closing brief.
    Obtain the inquiry report.
    Reply within fifteen days.
    Challenge any disagreement note.
    Analyse proportionality before final punishment.
    File appeal within forty-five days.
    Seek a separate interim stay.
    Consider revision or memorial.
    Approach Patna High Court promptly where statutory remedies fail or exceptional illegality exists.

AI-Search Quick Answer

What should a Bihar government employee do when a departmental proceeding starts? The employee should immediately obtain the complete charge memorandum, imputations, document and witness lists; prepare a paragraph-wise written defence; request inspection and copies of necessary records; participate in the Rule 17 inquiry; cross-examine departmental witnesses; produce defence evidence; and submit a detailed representation within fifteen days after receiving the inquiry report. If punished, the employee should ordinarily file a departmental appeal within forty-five days and seek a separate stay. Revision, memorial or a service writ before the Patna High Court may follow depending upon the authority, procedural defects and available statutory remedy.

FAQs

 Is suspension a punishment?

Suspension is ordinarily an interim measure and not a final Rule 14 penalty. Its legality, duration and financial consequences remain open to review.

Does suspension mean the employee is guilty?

No. Guilt must be determined through the lawful disciplinary or criminal process.
Must charges be framed within three months of suspension?

Rule 9(7) is relevant to suspension under Rule 9(1)(a) for a contemplated or pending departmental proceeding. Criminal-case suspension under Rule 9(1)(c) has been treated differently by Patna High Court authority.

Can the employee demand reinstatement automatically after three months?

The employee must examine the suspension ground, whether charges were framed, whether a reasoned extension exists and whether the Rule applies. A representation or appeal should be filed with the complete record.

Can suspension continue after charge memorandum?

Yes, but continuation should be reviewed and supported by administrative reasons. It should not continue mechanically.

What is the difference between a departmental charge memorandum and a criminal charge-sheet?

A departmental charge memorandum alleges service misconduct under disciplinary rules. A criminal charge-sheet is a police report filed before a criminal court after investigation.

Can a charge memorandum be vague?

No. Major-penalty articles should be definite and distinct, supported by factual imputations and the documents and witnesses proposed to prove them.

What if the department does not provide documents?

The employee should make a written, charge-specific request explaining relevance. Denial of essential relied-upon material may violate natural justice.

Can the employee take help from an advocate during inquiry?

Legal representation is not an automatic right in every departmental inquiry. Permission may depend upon the Rules, whether the presenting officer is legally trained and the complexity of the matter.

 Can a retired government servant act as defence assistant?

The Rules permit assistance by eligible serving or retired government servants subject to prescribed conditions and departmental restrictions.

Thursday, January 29, 2026

Justice Partha Sarthy sets aside orders by District Magistrate, Nalanda, Divisional Commissioner, Patna Division and Joint Director, Revenue and Land Reforms Department in ₹ 5,000 bribery case

In Suresh Kumar vs. The State of Bihar & Ors. (2026), Justice Partha Sarthy delivered a 14-page long judgement dated January 29, 2026, wherein, he set aside the unsustainable order of punishment dated January 31, 2014 passed by the District Magistrate, Nalanda, the order dated July 29, 2015 rejecting Service Appeal no. 246 of 2014 by the Divisional Commissioner, Patna Division, and the order dated October 14, 2016 by the Joint Director, Agriculture Ganana, Revenue and Land Reforms Department, Government of Bihar in a ₹ 5,000 bribery case. 

The judgement reads:"27. The writ application is allowed along with consequential benefits. 28. The petitioner will be reinstated in service with effect from the date of dismissal i.e. 31.1.2014 and the entire arrears of salary, after deducting the suspension allowance paid to the petitioner, shall be paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order." The writ application was allowed. The six other Respondents were: Chief Secretary, Bihar, Principal Secretary, Revenue and Land Reforms Department, Bihar, Joint Director, Agriculture Ganana, Revenue and Land Reforms Department, Bihar, Divisional Commissioner, Patna Division, District Magistrate Cum Collector, Nalanda at Bihar Sarif and Circle Officer, Hilsa, Nalanda.

The case of the petitioner was that while he was at the relevant time posted as revenue clerk in Circle Hilsa in the district of Nalanda, the petitioner was caught taking bribe in a trap case for which Vigilance P.S. Case no. 7 of 2012 was registered and he was taken into custody. The petitioner was subsequently enlarged on bail. An inquiry was started against the petitioner for which memo of charge was served on him with the charge that on January 25, 2012 the petitioner, a Rajaswa Karamchari, was caught taking bribe of Rs.5,000/- and he was taken into custody by the Vigilance Investigation Bureau. He was sent in judicial custody to the Adarsh Jail, Beur, Patna. The petitioner had filed his reply to the charges and the inquiry proceeded. The Enquiry Report dated August 29, 2012 was submitted by the Conducting Officer, a copy of which was provided to the petitioner. The petitioner submitted his reply to the same.. The respondent authorities i.e. the District Magistrate, Nalanda came out with an order of punishment dated January 31, 2014 dismissing the petitioner from service. The appeal preferred by the petitioner was rejected by the Divisional Commissioner, Patna Division on July 29, 2015 and the revision filed by the petitioner was also rejected by the Principal Secretary, Revenue and Land Reforms Department, Bihar by his order dated October 14, 2016. 7.

The senior counsel, S.N.P. Singh appearing for the petitioner submitted that on perusal of the memo of charges, it emerged that it was alleged that the petitioner being caught taking bribe of ₹ 5,000/- on January 25, 2012, however when the inquiry proceeded, from the contents of the inquiry report it emerged that the inquiry proceedings dealt with three charges against the petitioner. 

It was also submitted that on perusal of the inquiry report, the so called informant of the criminal case who was said to have been examined, however neither any intimation was given to the petitioner of his examination nor was the petitioner given any opportunity to cross-examine him. Admittedly no document was either produced, marked exhibit or proved by any of the witness in course of inquiry. He relied on the judgment of the Supreme Court in Roop Singh Negi vs. Punjab National Bank & Ors.; (2009) 2 SCC 570. It was submitted that it was a case of no evidence. He submitted that even the memo of charge neither mentions about the witnesses who are proposed to be examined to prove the charges against the petitioner nor does it mention about any of the documents that is sought to be relied upon in proving the charges. It was submitted that it was categorically stated that neither the date of examination of the witnesses was fixed nor the petitioner was given any opportunity to cross-examine the witnesses. It was also submitted that the entire order sheet of the departmental proceeding was brought on record. 

Referring to the order dated August 16, 2012 of the Conducting Officer which mentioned about the examination of the informant who was said to have come with evidence as also other witnesses namely Yogendra Kumar and Raja Babu, it was stated that there was no mention of any cross-examination nor any of the witnesses having proved any document and the proceedings was concluded on the same day. 

A Division Bench of the High Court in Devendra Prasad vs. The State of Bihar & Ors. (2023) drew on Supreme Court's decision in Roop Singh Negi v. Punjab National Bank & oOrs. (2009) 2 SCC 570 to underline that "the documents produced in a departmental inquiry has to be proved by examining witnesses. Even an F.I.R. was held to be not evidence by itself without actual proof of facts stated therein. The Hon’ble Supreme Court had also held that even an admission or confession to the police itself is not sufficient to find the delinquent employee guilty in a departmental proceeding if no evidence is brought on record to prove the offence or misconduct alleged. Departmental inquiry was held to be a quasi-judicial proceeding and the Inquiry Officer functions in the status of a quasi-judicial authority. Not only should evidence be led in a departmental inquiry, the conclusions arrived at should be based on evidence which brings forth a probability that the delinquent has committed the misconduct alleged and charged against him. No Inquiry Report based on conjectures and surmises can be sustained and even in a departmental inquiry, the standard of However high the degree of suspicion is, it cannot be a substitute for legal proof.”  

Supreme Court in its judgment in the case of Roop Singh Negi observed:“14. Indisputably, a departmental proceeding is a quasi-judicial proceeding. The enquiry officer performs a quasi-judicial function. The charges levelled against the delinquent officer must be found to have been proved. The enquiry officer has a duty to arrive at a finding upon taking into consideration the materials brought on record by the parties. The purported evidence collected during investigation by the investigating officer against all the accused by itself could not be treated to be evidence in the disciplinary proceeding. No witness was examined to prove the said documents. The management witnesses merely tendered the documents and did not prove the contents thereof. Reliance, inter alia, was placed by the enquiry officer on the FIR which could not have been treated as evidence.”

In such a backdrop, the case against the petitioner being one of no evidence, the orders impugned were not sustainable. 

 


Friday, November 7, 2025

Acting Chief Justice Sudhir Singh upholds Justice Chakradhari Sharan Singh's verdict, dismisses "unsustainable order", LPA by Principal Secretary, Rural Department, Bihar

"I express my anguish and displeasure over the manner in which the disciplinary proceeding has been held in the present case and the appellate order has been passed. 67. In numerous cases, this Court has experienced that more often than not, the authorities/functionaries, under the Rules, fail to adhere to the statutory provisions. Breach of statutory prescriptions in disciplinary proceedings, involving matters of serious misconduct by Government Servants, renders the disciplinary action unsustainable, which is not in public interest. I have dealt with various provisions under the Rules, in the present judgment, with an expectation, that top officials, under the State Government, shall take all possible corrective measures including by way of imparting training to the officials who play their respective roles under the Rules. For the said purpose, let a copy of this order be sent to the Chief Secretary, Bihar, for him to chalk out ways and means to ensure strict compliance of various provisions under the Rules, in the light of the observations made in the present judgment."

-Justice Chakradhari Sharan Singh in Abhay Kumar vs. The State of Bihar & Ors. (2020), February 24, 2020 

In The State of Bihar through the Principal Secretary, Rural Department, Government of Bihar & Ors. vs. Abhay Kumar (2025), Patna High Court's Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma delivered a 4-page long judgement dated October 30, 2025, wherein, it concluded:"4. From the perusal of records of the case it is apparent that the order of the learned Single Judge does not take away any right of the concerned parties, and the matter has already been remanded to the competent authority for taking a fresh decision in accordance with the law. 5. In addition to this, the department has already made compliance of the order awaiting the outcome of this appeal. We also could not find any impropriety in the said direction of learned Single Judge. Further, we find that there is no sufficient material available on record to substantiate the grounds of the present appeal. Therefore, the appeal is devoid of merit and not fit for interference. 6. The present Letters Patent Appeal is accordingly dismissed." 

The other four respondents were: Commissioner, Munger Division, Munger, Collector, Lakhisarai, Senior Deputy Collector, Lakhisarai and Circle Officer, Suryagarha Block, Lakhisarai.  

The Letters Patent Appeal was directed against 53-page long judgment dated February 24, 2020 passed in Abhay Kumar vs. The State of Bihar & Ors. (2020), by Justice Chakradhari Sharan Singh whereby and where under the Single Judge had been pleased to allow the writ application and set aside the impugned order dated April 20, 2015 passed by the disciplinary authority and order dated November 16, 2016 passed by the appellate authority being unsustainable in the law. The Court directed the disciplinary authority to consider afresh, the report of inquiry officer and the materials available on record of the departmental enquiry and take a fresh decision in accordance with law, observing that it will open for him to exercise his power under Sub Rule 1 of Rule 18 of the Rules by remitting the case back to Inquiring Authority for further enquiry consequent upon quashing of the impugned order of dismissal and the appellate order and further the petitioner shall be required to be reinstated forthwith because of the manner in which the departmental enquiry has been concluded and the punishment has been imposed. The Court also directed that the petitioner shall be entitled to full back wages for the period during which he remained out of service because of illegal order of punishment.

Justice Singh, the Single Judge had observed: “64. I direct the disciplinary authority, in the facts and circumstances of the case, to consider afresh, the report of the inquiry officer and the materials available on record of the departmental enquiry, and take afresh decision in accordance with law. It will be open for him to exercise his power under sub Rule (1) of Rule 18 of the Rules by remitting the case back to the Inquiring Authority for further enquiry. Consequent upon quashing of the impugned order of dismissal and the appellate order, the petitioner shall be required to be reinstated forthwith. Because of the manner in which the departmental enquiry has been conducted and the punishment has been imposed, I direct that the petitioner shall be entitled to full back wages for the period during which he remained out of service because of illegal order of punishment. 65. This writ application is allowed accordingly in terms of the directions and observations as made hereinabove.” 

Justice Chakradhari Sharan Singh had relied on the decision in Union of India vs. Prakash Kumar Tandon (AIR 2009 SC 1375), wherein, the Supreme Court, dealing with the role of the Inquiry Officer held as under:-
“15. The principles of natural justice demand that an application for summoning a witness by the delinquent officer should be enquiry officer. It was obligatory on the part of the enquiry officer to pass an order in the said application. He could not refuse to consider the same. It is not for the Railway Administration to contend that it is for them to consider as to whether any witness should be examined by it or not. It was for the enquiry officer to take a decision thereupon. A disciplinary proceeding must be fairly conducted. An enquiry officer is a quasi-judicial authority. He, therefore, must perform his functions fairly and reasonably which is even otherwise the requirement of the principles of natural justice.”

He underlined the significance of recording of reasons which has been noted in a series of decisions; illustratively in G. Vallikumari vs. Andhra Education Society, reported in (2010) 2 SCC 497, Oryx Fisheries Pvt. Ltd. vs. Union of India & Ors. reported in (2010) 13 SCC 427 and Kranti Associates (P) Ltd. & Anr. vs. Masood Ahmed Khan & Ors. reported in (2010) 9 SCC 496. 

In his first order as Acting Chief Justice Justice Sudhir Singh upheld the judgement by Justice Chakradhari Sharan Singh dismissed the Letters Patent Appeal filed by Principal Secretary, Rural Department, Government of Bihar.   

Justice Anil Kumar Sinha quashes punishment order by District Programme Officer (Establishment), Arwal, appellate order by Regional Deputy Director of Education, Magadh Division, Gaya

In Satyendra Kumar Pathak vs. The State of Bihar & Ors. (2025), Patna High Court's Justice Anil Kumar Sinha delivered a 11-page long judgement dated November 7, 2025, wherein, he concluded:"The order of punishment dated 01.10.2016 passed by the District Programme Officer (Establishment), Arwal, as well as the appellate order dated 16.01.2018 passed by the Regional Deputy Director of Education, Magadh  Division, Gaya, is hereby quashed. 23. The petitioner is entitled to be paid his full salary for the suspension period and the consequential benefits. The entire payments shall be made to the petitioner within a period of three months from the date of receipt/production of a copy of this order." 

Justice Sinha observed: "This Court finds that the appellate order dated 16.01.2018 passed by the Regional Deputy Director of Education, Magadh Division, Gaya, is cryptic and non-speaking. The appellate authority has merely reiterated the conclusion of the disciplinary authority without assigning any independent reason, and without examining the correctness of the procedure adopted in the inquiry. The appellate order is, thus, nothing but a mere mechanical affirmation and suffers from clear non-application of mind. 21. Considering the facts as discussed above, this Court is  satisfied that the punishment order, dated 01.10.2016 as well as the appellate order, dated 16.01.2018, stand vitiated which violates the principles of natural justice causing serious prejudice to the petitioner. 22. Accordingly, the writ petition is allowed." 

The other seven respondents were:Principal Secretary, Department of Education, Government of Bihar, Director, Primary Education Bihar, Regional Deputy Director of Education, Magadh Division, Bihar, District Education Officer, Arwal, District Programme Officer, Establishment, Arwal, Block Education Officer, Block-Karpi, Arwal and Head Master-Cum Drawing and Disbursing Officer, Middle School, Karpi, Arwal.

The writ petition was filed for quashing the order of punishment, dated October 1, 2016 passed by the District Programme Officer, Arwal. It also prayed for a direction to the respondent/authorities for payment of salary and subsistence allowance for the entire period of suspension along with all consequential and monetary benefits. The petitioner sought amendment in the prayer portion of the writ petition, stating that during the pendency of the present petition, the respondent no. 4, namely the Regional Deputy Director of Education, Magadh Division, Gaya, Bihar, who is the appellate authority, had passed an order dated January 16, 2018, whereby the order of punishment passed by the disciplinary authority was upheld. The petitioner had also prayed for quashing of the appellate order.

The petitioner was initially appointed as an Assistant Teacher in the Matric Trained Scale on November 1, 1977, at Primary School, Kendua, Imamganj, District Gaya. In the year 1987, he was granted the first time-bound promotion and subsequently received ‘Pravar Koti’ promotion in the year 1989. Thereafter, he was posted as the In-charge Headmaster of the Middle School, Kochahasa, Karpi Block, District -Arwal, and was due to retire on June 30, 2017. While the petitioner was serving as In-charge Headmaster, the District Superintendent of Education, Jehanabad, issued a letter dated February 17, 2010, placing the petitioner under suspension on the basis of a report submitted by the Area Education Officer cum Incharge, Mid-Day Meal Scheme, Arwal on the allegation that he was absent without notice and irregularities were committed in the mid-day meal scheme. Pursuant to the order of suspension, petitioner submitted his joining at headquarters on February 19, 2010. The District Superintendent of Education, Jehanabad, by order dated May 6, 2010, framed memo of charge in Prapatra “Ka” and appointed Block Education Officer, Arwal, as Enquiry Officer and Block Education Officer, Karpi, as Presenting Officer to conduct the departmental inquiry.

By order dated March 10, 2011, District Superintendent of Education, Arwal, revoked the suspension of the petitioner and the petitioner was directed to be posted at Middle School, Kochahasa, Karpi, Arwal. In the said order, it was clarified that the Departmental Proceeding would continue. Pursuant thereto, the petitioner submitted his joining at Middle School, Kochahasa on March 15, 2011. Thereafter, a memo of charge was again served upon the petitioner vide order dated June 4, 2011 in Prapatra “Ka” by District Superintendent of Education, Arwal, and Block Education Officer, Kurtha, was appointed as the Enquiry Officer and Block Education Officer, Karpi was appointed as Presenting officer. At this stage, the Enquiry officer, submitted the inquiry report on April 4, 2016. 

In view of the inquiry report dated April 4, 2016, the District Programme Officer (Establishment), Arwal, passed the order of punishment dated October 1, 2016 imposing punishment of withholding of three increments with cumulative effect alongwith warning regarding not to remain absent in the school in future without prior intimation and departmental permission. In the punishment order, it was also directed that apart from subsistence allowance during suspension period, nothing will be paid to the petitioner. The petitioner had filed an appeal before the Regional Deputy Director of Education, Magadh Division, Gaya, against the impugned order of punishment, dated October 1, 2016. The appellate authority disposed the appeal vide order, dated January 16, 2018, whereby the punishment order passed by the disciplinary authority has been upheld. 

The counsel for the petitioner argued that the Enquiry Officer without issuing a show-cause notice or affording the petitioner an opportunity of hearing, proceeded to submit an inquiry report on April 4, 2016 before the District Superintendent of Education, Jehanabad. The enquiry report was submitted behind his back and in complete disregard of the mandatory procedural safeguards, a copy of which was not furnished to the petitioner.

It was the specific case of the petitioner that, before passing the order of punishment, a second show-cause notice was not served upon him, nor was any opportunity of personal hearing afforded. The entire proceeding, according to him, was conducted in violation of principles of natural justice. Non-supply of inquiry report and second show cause has caused serious prejudice to the petitioner. During the entire period of suspension, the petitioner was neither paid his salary nor even the subsistence allowance to which he was entitled under the law.

Assailing the appellate order, the counsel for the petitioner submits that the appellate order also vitiated on the ground of non-application of mind and has been passed in a cryptic manner. The said order is nothing but a mere reiteration of the original punishment order passed by the disciplinary authority, without any independent reasoning, analysis of the grounds urged in appeal, or consideration of the procedural lapses pointed out by the petitioner.

To sum up, his argument was that the entire departmental proceeding is vitiated on multiple counts. Firstly, the petitioner was subjected to double jeopardy as charges were framed twice for the same misconduct. Secondly, the inquiry was conducted ex-parte without issuance of any show-cause notice or providing him any opportunity to defend himself. Thirdly, the order of punishment was passed after an unexplained delay of six years, thereby, causing grave prejudice to him. Fourthly, the denial of subsistence allowance during the period of suspension is not only violative of statutory provisions but also violates the petitioner’s fundamental right guaranteed under Article 21 of the Constitution.

The counsel for the State submitted that during posting of the petitioner as In-charge Headmaster of Middle School, Kochahasa, Karpi Block, serious complaints were received regarding petitioner’s conduct,
including the allegation that he remained absent from the school at Kinjar without any intimation to the competent authorities and that irregularities were found in the implementation of the Mid-Day Meal Scheme under his supervision. The entire departmental proceeding starting from suspension order, submission of the inquiry report, passing of the punishment order till the passing of appellate order are strictly in accordance with law after following the due process and that there has been no violation of the principles of natural justice.

Justice Sinha noted that the record disclosed that the petitioner was served with two separate charge-memos on two different occasions. The first was issued by the then District Superintendent of Education, Jehanabad, on May 6, 2010, and the second by the District Superintendent of Education, Arwal, on June 4, 2011.  Though issued on separate dates, both charge-memos substantially contain the same set of allegations. However, it appeared that the inquiry was conducted only with reference to the second charge memo issued by the District Superintendent of Education, Arwal. The Block Education Officer, Kurtha, was appointed as the Enquiry Officer and Block Education Officer, Karpi as Presenting officer. The allegations put forth against the petitioner as evident from memo of charge dated June 4, 2011 were as follows:-
(I) While functioning as the In-charge Headmaster of Middle School, Kinjhar, the petitioner remained absent from the school on 09.02.2010 without giving any prior information or obtaining permission from the competent authority.
(ii) During the period of his suspension vide Memo No. 494 dated 17.02.2010 issued by the District Superintendent of Education, Jehanabad, the petitioner did not report at the Headquarters as required under the suspension order.
(iii)That the petitioner disobeyed the directions issued by the Superior officers, appointing officers as well as controlling officers.
(iv) That the petitioner did not comply with Memo No. 493 dated 14.05.2010 thereby violating the order of the superior authority.
(v) During his functioning as the Headmaster, irregularities were committed by the petitioner in the 

He observed: "From perusal of the memo of charge, it would be evident that neither the charge-memos contains the statutory particulars required under Rule 17(3) of the Bihar CCA Rules. The charge-memos does not have any list of documents or list of witnesses as required by Rule 17(3) by whom the charges were proposed to be proved. The absence of these essential ingredients goes to the very root of the proceeding, for without being apprised of the documentary and oral evidence proposed to be relied upon. In order to sustain the charges, the delinquent cannot be expected to defend himself effectively. This Court
therefore finds that the very initiation of the departmental proceeding suffers from a foundational illegality." 

Justice Sinha observed: "19. It further appears that neither the petitioner nor the respondents have placed the inquiry report on record. In the absence of the report, this Court is unable to satisfy itself as to whether the inquiry was conducted in accordance with law, whether evidence was led in support of the charges, or whether the petitioner was afforded an opportunity to participate in the proceeding. The stand of the petitioner is that no notice of hearing was ever served upon him by the Enquiry Officer and that he was never given an opportunity to offer his defence. It is also his specific case that the disciplinary authority did not issue any second show-cause notice along with a copy of the inquiry report prior to imposition of the punishment, which is mandatory requirement under CCA Rules. These assertions have not been specifically denied on behalf of the State, and in the absence of such, the submissions of the petitioner is to be accepted."


Wednesday, October 15, 2025

Justice Harish Kumar sets aside Memorandum of Dr. Rajendra Prasad Central Agriculture University, Pusa

Patna High reiterates the maxim of delegatus non potest delegare. Where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all. Other modes of performance are necessarily forbidden. 

In Dr. Shishir Kumar Gangwar vs. Dr. Rajendra Prasad Central Agriculture University, Pusa, Samastipur through its Registrar & Ors. (2025), Justice Harish Kumar of Patna High Court delivered a 25-page long judgement on October 13, 2025, wherein, it concluded that there was substance in the writ petition, hence the charge memo, as contained in Memorandum April 2, 2025 as also the supplementary charge-sheet as contained in Memo dated July 9, 2025 are set aside. It remitted the matter to the disciplinary authority to proceed further in the matter in accordance with law keeping in mind the specific prescription of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and the mandate of the Supreme Court in Union of India & Ors. vs. B.V. Gopinath, reported in, (2014) 1 SCC 351.

Relying on the judgement of the Supreme Court in the case of B.V. Gopinath, Justice Kumar observed: ''33. In view of the settled legal positing and the discussions made hereinabove, the issue answered accordingly; The Board of Management, being disciplinary authority, having power of delegation under the statute may delegate its power to the Vice-chancellor only to the extent of drawing the charge memo, but subject to approval by the disciplinary authority, before its issuance. Any memo of charge by the Chief Vigilance Officer without explicitly getting its approval by the Board of Management (Disciplinary Authority) cannot be held to be valid.''

The petitioner invoked the extraordinary jurisdiction of the High Court under Article 226 of the Constitution of India, to challenge a Memorandum dated April 2, 2025 issued under the signature of Chief Vigilance Officer, for and on behalf of the disciplinary authority Dr. Rajendra Prasad Central Agriculture University, Pusa as also the departmental proceeding whereby and whereunder a charge-sheet for major penalty under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965[CCS (CCA) Rules, 1965] was proposed to be held against the petitioner on the imputation of misconduct and misbehaviour set out in the statement of charge. Challenge was also made to the Memorandum date July 9, 2025, issued under the signature of Chief Vigilance Officer, for and on behalf of the disciplinary authority whereby a supplementary charge-sheet for major penalties under Rule 14 of CCS (CCA) Rules, 1965 was proposed to be held against the petitioner on the imputation of misconduct and misbehaviour mentioned in the article of charges. Since the aforenoted memorandum has been brought to the knowledge of the petitioner after filing of the present writ application, the same was challenged.

The petitioner, was initially appointed to the post of Associate Professor on contract in the Animal Project
Research Institute, Pusa. In the meanwhile, an advertisement dated December 4, 2017 was issued for appointment to the post of Programme Coordinator (Senior Scientist and Head) of Krishi Vigyan Kendra under Dr. Rajendra Prasad Central Agriculture University  (RPCAU), Pusa. The petitioner submitted application for the post aforenoted along with other applicants. The application forms of the candidates were duly scrutinized and a call letter in favour of the candidates, including the petitioner, was issued to participate in the selection process. A selection committee was constituted and after interview the committee recommended the name of the petitioner for appointment to the post of Programme Coordinator (Senior Scientist and Head). The recommendation was duly approved by the Vice-chancellor and the Board of Management whereupon offer of appointment contained in letter dated June 18, 2019 was issued.  On completion of probation period of two years, the services of the petitioner was confirmed vide letter dated August 28, 2021 w.e.f. June 18, 2019. On June 6, 2024, a show-cause notice, duly issued by the Chief Vigilance Officer, RPCAU, Pusa was served upon the petitioner as to why his services be not terminated, since the services rendered as SRF and Visiting faculty undertaken by the petitioner do not qualify for counting in experience, as those were project based contractual appointment. Since the petitioner did not possess the experience in the stipulated pay structure or for the stipulated period, thus was not eligible for appointment. The petitioner gave a response to the show-cause on July 18, 2024 refuting the allegation. On being found it unsatisfactory, the Chief Vigilance Officer issued impugned Memorandum dated April 2, 2025 for major punishment, which was challenged in the writ petition. 

After filing of the writ petition, the petitioner also came to know that a second memorandum containing supplementary charge-sheet for major penalty was also issued under Memo dated July 9, 2025 with a subsequent imputation that the petitioner was not eligible for the post at the time of submitting application on account of non-fulfillment of the essential age limit criteria. The maximum age limit for the post was 45 years, however, the petitioner at the time of submission of application was 46 years, 7 months and 27 days old. Furthermore, the petitioner was not entitled to any relaxation in age limit, as he was not a regular employee of RPCAU, Pusa at the time of submitting his application.

The senior advocate for the petitioner assailed the impugned orders as well as initiation of departmental proceeding. He submitted that the alleged delinquence of the petitioner, if any, was known to the respondents in the year 2017, but the impugned memo of charge came to be issued in the year 2025, after a delay of eight years and, as such, belated initiation of departmental proceeding, besides it caused prejudice, the same is bound to affect his defence and thereby causing irreparable prejudice. It was submitted that this was not the case of the respondents or even the imputation against the petitioner that the documents/certificate submitted by the petitioner, were not genuine, forged and fabricated or manufactured one, rather the documents and the certificates were duly scrutinized by the screening committee in the office of RPCAU, Pusa, leading to issuance of the call letter. The petitioner faced the interview and on being recommended by the duly constituted selection committee, he was offered appointment after getting approval of the Vice-chancellor and the Board of Management of the University.

The senior counsel urged that the Board of Management of the University in its meeting held on December 6, 2023 had resolved to proceed for detailed enquiry under the CCS (CCA) Rules, 1965 for major penalty. After deliberation at length in each case, the Board of Management approved that the Vice-chancellor was authorized for approving Enquiry Officers and Presenting Officers, issuance of charge sheets, taking day-to-day decisions relating with the enquiry proceedings under CCS (CCA) Rules, 1965 and submit enquiry report to the Board of Management for taking decision in the cases wherein the Board of Management was the disciplinary authority. Referring to the minutes of the meeting, it was submitted that once the Board of Management has delegated the power to the Vice-chancellor, the memorandum of charge can only be issued by the Vice-chancellor of the University itself and non-else. Issuance of the Memorandum containing charge-sheet for major penalty under the signature of Chief Vigilance Officer for and on behalf of the disciplinary authority is wholly without jurisdiction. Moreover, at delegated power must be conferred by the committee alone. He thus submitted that where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all. Other modes of performance are necessarily forbidden. 

The senior counsel relied on decisions rendered by the Supreme Court in  A. K. Roy & Anr. vs. State of Punjab & Ors., reported in, AIR 1986 SC 2160, Sahni Silk Mills (P) Ltd. and another vs. Employees' State Insurance Corporation, reported in, (1994) 5 SCC 346 and Director General, ESI & Anr. vs. T. Abdul Razak, reported in, (1996) 4 SCC 708.

The petitioner's counsel relied on Supreme Court's decisions in Steel Authority of India vs. Presiding Officer, Labour Court, reported in, (1980) 3 SCC 734, Registrar, Cooperative Societies, Madras & Anr. Vs. F. X. Fernando, reported in, (1994) 2 SCC 746 and Union of India & Ors. vs. B.V. Gopinath, reported in, (2014) 1 SCC 351.

In relation to the issue of inordinate delay in issuing charge memo, he drew upon the decision rendered by the Supreme  Court in State of M.P. vs. Bani Singh & Anr., reported in, AIR 1990 SC 1308, P.D. Agrawal vs. State Bank of India & Ors., reported in, (2006) 8 SCC 776, P. V. Mahadevan vs. MD, T.N. Housing Board, reported in, (2005) 6 SCC 636 and State of Punjab & Ors. vs. Chaman Lal Goyal, reported in, (1995) 2 SCC 570. The senior counsel concluded his submission that the impugned orders were unsustainable in law as well as on facts, inter alia, on the ground of delay and the same being issued by an authority, who is not competent to do so and the memo of charge contains no list of witnesses and documents and even if the allegation taken to be true, no case of misconduct is made out in absence of the allegation of suppression having been made by the petitioner and his testimonials/certificates are found
to be forged and fabricated.

Justice Kumar recorded that in the case of Bani Singh (supra), a delay of twelve years in initiating disciplinary proceedings without satisfactory explanation was held unfair and the enquiry was not permitted to proceed at such a later stage. The apex Court held that normally, pending or contemplated disciplinary proceedings have no impact on an employee’s right to be considered for promotion. Only when charges are framed after a prima facie case is made out, the sealed cover procedure applies. Where proceedings have not reached that stage, consideration for promotion cannot be withheld merely due to pendency of such proceedings. In the said case, even a preliminary enquiry on complaints regarding the officer’s integrity had not been completed, so the Screening Committee was wrong to defer his selection for the selection grade. Inordinate and unexplained delay of twelve years in initiating disciplinary proceeding renders enquiry unfair, as the pending unframed charges cannot  withhold promotion consideration.

In the case of P. D. Agrawal (supra), the Supreme Court observed that delay in initiating departmental enquiry does not vitiate proceedings unless the delinquent demonstrates prejudice caused thereby. 

In P. V. Mahadevan case (supra), the Supreme Court noticing the fact that irregularity committed in the year 1990 led to disciplinary action in the year 2000, though the explanation that the matter came to light in the year 1994-95 and the audit report was already rejected, but no convincing explanation was given for the inordinate delay. The Court held that a protracted disciplinary enquiry causing mental agony and suffering to the employee, the same should be avoided, not only in the interest of the employee but also in public interest and to inspire confidence among Government servants. 

In Chaman Lal Goyal (supra), the Supreme Court unequivocally held that the delay if long and explained, the Court may quash the charges. However, what constitutes ‘too long’ depends on the facts of each case. If delay is likely to prejudice, the petitioner defence, the enquiry must be stopped. Whenever such a plea is raised, the Court must balance the factors for and against on the totality of circumstances.

The High Court's judgement observed:''the authority with delegated power cannot sub-delegate the delegated power unless legislature provides so, is well settled principle. In the case of A. K. Roy (supra), the Court held that the maxim of delegatus non potest delegare merely indicates that sub-delegation of powers is not normally allowable though the legislature can always provide for sub-delegation. Where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all. Other modes of performance are necessarily forbidden. In the said case, the power to initiate prosecution for offence under Section 20(1) of the Prevention of Food Adulteration Act, 1954 was delegated by the State Government, through Rule 3, to the Food (Health) Authority, which was further delegated to Food Inspector. The Court held that the Food Authority had no power to delegate as rules framed under the statute cannot go against the provisions of statute.''

In the case of Sahni Silk Mills Pvt Ltd. (supra), the supreme Court held: “The Courts are normally rigorous in requiring that statutory power be exercised only by the persons or bodies authorised by the statute. Delegated power must be exercised by the conferred authority alone. However, in the present administrative set-up, extreme judicial aversion to delegation cannot be carried too far. A public authority may employ agents to exercise its powers, which is why many statutes authorise delegation either expressly or impliedly. With the enormous rise in statutory activities, the maxim delegatus non potest delegare is not being strictly applied, especially in cases of administrative discretionary power. It is almost settled that the legislature may permit any statutory authority to delegate its power to another authority, provided the statute lays down the policy framework within which the delegatee must act. The real controversy arises in cases of sub-delegation, since when Parliament has specifically appointed an authority to discharge a function, it cannot be readily presumed that the delegate has the freedom to empower another person or body to act in its place.”

As to whether the memorandum containing the charge-sheet/supplementary charge-sheet issued by the Chief Vigilance Officer, for and on behalf of the disciplinary authority was valid or suffers from the vice of sub-delegation of power dehors the Rule and the decision taken by the Board of Management, who is the disciplinary authority in the case in hand; but before answering this issue, it would be pertinent to take note of other decisions.

In the case of Steel Authority of India (supra), the Supreme Court noticed that under the Company’s Discipline and Appeal Rules, only the Personnel Manager as the disciplinary authority to frame charges and constitute an inquiry committee. Since there was no approved rule authorising any other head of department for this purpose, charge-sheets issued and inquiry committee constituted by the Chief Medical Officer was held to be unauthorised. Consequently, the dismissal order passed by the Personnel Manager on the basis of such inquiry reports by such unauthorized inquiry committee was held invalid.

In the case of F.X. Fernando (supra), the Supreme Court considering the fact that on the direction of the State Government, the Registrar (Head of Department) issued a charge-sheet on March 20, 1989 to a Stateservice officer upon conferring the power under notification dated March 17, 1988 held the charge-sheet was valid. The Court also observed that the Registrar though not empowered to impose penalty, could validly issue charge-sheet and appoint an Enquiry Officer when such power was conferred by State
Government under the notification.

The similar issue was also considered in B.V. Gopinath (supra) where the Supreme Court on being found that the charge-sheet not having been issued by the disciplinary authority held to be invalid. Under Rule 14(3) of the CCS (CCA) Rules, the disciplinary authority must draw up or cause to be drawn up the definite and distinct articles of charge. The phrase “cause to be drawn up” only permits a subordinate authority to prepare a draft, but the charges must be approved and finalised by the disciplinary authority. Thus, a charge-sheet without such approval is without authority of law.

In the aforesaid settled legal background, this Court notices the facts of this case. It is not in dispute that the disciplinary proceeding has been initiated under the CCS (CCA) Rules, 1965. Rule 14(3) of the CCS (CCA) Rules, 1965 reads as follows:
“(3) Where it is proposed to hold an inquiry against a Government servant under this rule and rule 15, the disciplinary authority shall draw up or cause to be drawn up-
(i) the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge;
(ii) a statement of the imputations of misconduct or misbehaviour in support of each article of charge, which shall contain-
(a) a statement of all relevant facts including any admission or confession made by the Government servant;
(b) a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be
sustained.

Justice Kumar observed:''25. Bare reading of the aforesaid rule, it is manifest that it is a disciplinary authority, who shall or shall cause to be prepared the article of charge and statement of imputation of misconduct or misbehaviour and that memo of charge shall contain a list of documents/witnesses by whom, the articles of charge are proposed to be sustained. 26. Admittedly in the case in hand, the Board of
Management being the disciplinary authority in its meeting as per Agent Item No. 21.8 authorized the Vice-chancellor to approve appointment of Inquiry Officers and Presenting Officers, issue charge sheet and make day-to-day decisions related to the inquiry proceedings under the CCS (CCA) Rules, 1965. If under the Rule, the disciplinary authority is empowered and authorized to issue the article of charge and statement of imputation of misconduct and misbehaviour, then the same is required to be done by the disciplinary authority alone and none else. Even if it is accepted that after deliberation, the Board of Management has authorized the Vice-chancellor for approving the Inquiry Officer and Presenting Officer for issuance of charge-sheet and take day-to-day decision relating with the enquiry proceeding and submitted the enquiry report to the Board of Management for taking decision, the Memo of charge issued under the signature of Chief Vigilance Officer, for and on behalf of the disciplinary authority is not unsustainable in law, without its approval having been done by the Board of Management.''

In the case of B.V. Gopinath (supra), the Court while emphasizing the Article 311(1) of the Constitution of India, which ensures that no person who is a member of a civil service of the Union or an all-India service can be dismissed or removed by an authority subordinate to that by which he was appointed observed that to effectuate and ensure compliance with the mandatory requirements of Article 311(2), the Government of India has promulgated the CCS (CCA) Rules, 1965. The disciplinary proceedings against the delinquent found to be initiated in terms of Rule 14 of the Rules, 1965. It is further observed that Rule 14(3) clearly lays down that where it is proposed to hold an inquiry against a government servant under Rule 14 or Rule 15, the disciplinary authority shall draw up or cause to be drawn up the substance of imputation of misconduct or misbehaviour into definite and distinct articles of charges. The Court further ruled that the term “cause to be drawn up” does not mean that the definite and distinct articles of charges once drawn up do not have to be approved by the disciplinary authority. The term “cause to be drawn up” merely refers to a delegation by the disciplinary authority to a subordinate authority to perform the task of drawing up substance of proposed “definite and distinct articles of charge-sheet”. These proposed articles of charge would only be finalised upon approval by the disciplinary authority. Rule 14(4) again mandates that the disciplinary authority shall deliver or cause to be delivered to the government servant, a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and the supporting documents including a list of witnesses by which each article of charge is proposed to be proved. It is, therefore, not possible to interpret this provision as providing that once the disciplinary authority approves the initiation of the disciplinary proceedings, the charge-sheet can be drawn up by an authority other than the disciplinary authority. This would destroy the underlying protection guaranteed under Article 311(1) of the Constitution of India. Such procedure would also do violence to the protective provisions contained under Article 311(2) which ensures that no public servant is dismissed, removed or suspended without following a fair procedure in which he/she has been given a reasonable opportunity to meet the allegations contained in the charge-sheet. Such a charge-sheet can only be issued upon approval by the appointing authority i.e. Finance Minister.

In the case of B.V. Gopinath (supra), the Supreme Court also underscored the principle of rule against delegation by explaining the maxim of delegatus non potest delegare and referred the decision of Sahni Silk Mills (P) Ltd. (supra). The Supreme Court held that the charge-sheet/charge memo having not been approved by the disciplinary authority is non est in the eye of the law.

The two Judges Bench of the Supreme Court in State of Tamil Nadu vs. Promod Kumar, IPS and Another, reported in (2018) 17 SCC 677 clarified the necessity of approval of initiation of disciplinary proceeding distinguished from approval of charge-sheet. The Court noticing the decision rendered in B.V. Gopinath (supra) held that if any authority other than the disciplinary authority is permitted to draw the charge memo, the same would result in destroying the underlying protection guaranteed under Article 311(2) of the Constitution of India. The Court unequivocally held that the rule requires something to be done in particular manner it should be done in the same manner and not at all.

Taking note of mandatory requirement of Rule 8(4) of the All India Services (Discipline and Appeal) Rules, 1969, the Court observed that since the charge memo being drawn up or caused to be drawn up by the disciplinary authority is not complied with find no illegality in the order passed by the High Court on this issue, whereby it quashes the disciplinary proceeding, however, the Supreme Court also extended liberty to the disciplinary authority to issue a charge memo afresh after taking approval from the disciplinary authority.