Judgment Simplified

In a significant decision, the Hon’ble Patna High Court quashed a disciplinary order that had penalized a government school teacher for alleged misappropriation of mid-day meal funds and misuse of his position. The Court emphasized the importance of following the due process of law and principles of natural justice during departmental proceedings.

The petitioner, a primary school teacher, had served as the in-charge headmaster of a school in Patna district from 2005 to 2007. During his tenure, he was responsible for implementing the mid-day meal scheme. Years after his transfer from that school, a complaint was lodged in 2016 alleging irregularities during his time as in-charge. This led to the initiation of departmental proceedings, during which he was suspended, his salary was withheld, and an amount of ₹1,17,384 was deducted from his earnings as recovery of the alleged defalcated amount.

However, the Court found several procedural lapses in the enquiry:

• The list of documents and witnesses intended to prove the charges was not supplied to the petitioner.
• No oral enquiry was held, nor were any witnesses examined during the departmental proceedings.
• The Enquiry Officer independently collected evidence through spot verification, without confronting the petitioner or giving him a chance to cross-examine the witnesses.

The Court observed that these actions violated Rule 17 of the Bihar Government Servants (Classification, Control, and Appeal) Rules, 2005, and basic principles of natural justice.

Referring to past judgments, including Supreme Court rulings, the Court noted that an enquiry report must be reasoned, evidence-based, and should not be based merely on the personal opinions of the Enquiry Officer.

As a result, the Court set aside the punishment order and directed that the petitioner be refunded the deducted amount along with all consequential monetary benefits. It also allowed the department to initiate a fresh proceeding if desired, but strictly in compliance with legal procedures.

Significance of the Judgment

This decision reinforces the importance of procedural fairness in administrative actions. For government employees, especially in education and rural sectors, it ensures that any punitive action must be supported by proper evidence and an opportunity to defend oneself.

The ruling also sends a strong message to government departments to maintain transparency and legality in disciplinary actions. For the public, especially teachers and grassroots workers, it is a reminder that the courts are ready to intervene when basic legal safeguards are ignored.

Legal Issues and Court’s Decision

• Whether departmental proceedings violated principles of natural justice?
  ✅ Yes. No witness was examined, and the documents were collected behind the petitioner’s back.
• Whether withholding salary and deducting funds based on such proceedings is valid?
  ❌ No. Without a fair enquiry, such punishment is unsustainable.
• Whether petitioner is entitled to refund and benefits?
  ✅ Yes. Full refund and consequential benefits ordered.

Judgments Cited by the Petitioner

• Arjun Mishra v. Bihar School Examination Board, 2007 (3) PLJR 700
• Choudhary Murli Manohar Prasad Roy v. State of Bihar, 2008 (4) PLJR 315

Judgments Relied Upon by the Court

• Anil Kumar v. Presiding Officer, AIR 1985 SC 1121
• Kumar Upendra Singh Parimar v. State of Bihar, 2000 (3) PLJR 10
• S.K. Verma v. State of Bihar, 2000 (1) PLJR 116

Case Title

Rameshwar Paswan v. State of Bihar & Others

Case Number

CWJC No. 3042 of 2018

Citation(s)

2020 (1) PLJR 1

Coram

Hon’ble Mr. Justice Anil Kumar Sinha

Advocates

Ms. Mahasweta Chatterjee for the Petitioner
Mr. M. Pd. Yadaw, GP 23, and Mr. Arvind Kumar, AC to GP 23 for the State

Link to the Judgment

https://patnahighcourt.gov.in/vieworder/MTUjMzA0NyMyMDE4IzIjTg==-k5K45egvjj0=