Simplified Explanation of the Judgment
In this judgment, the Patna High Court addressed a serious issue concerning the denial of pension to a retired employee of the Bihar State Power (Holding) Company Ltd. The petitioner had been penalized with “zero pension” and denial of other dues for the period of suspension. This order was issued after the employee’s retirement and was based on a departmental proceeding that found him allegedly guilty of misconduct.
The controversy began with a charge memo issued to the petitioner in 2008, following allegations that he was caught red-handed accepting a bribe of ₹10,000. A departmental inquiry was conducted, and in 2010, the Enquiry Officer submitted a report stating that the charges were not proved. Despite this, in 2014, the Disciplinary Authority chose to differ from the Enquiry Officer’s findings and issued a second show cause notice, eventually imposing the penalty of zero pension.
The High Court found this process deeply flawed. It noted that the Disciplinary Authority relied on materials from the criminal investigation, including a post-trap memorandum and witness statements, without those being tested in cross-examination during the departmental inquiry. The Enquiry Officer had rightly refused to consider these documents because the witnesses did not appear and were not subject to cross-examination — a key procedural requirement under Rule 18(14) of the Bihar Government Servants (CCA) Rules, 2005.
Moreover, the Court emphasized that for the Disciplinary Authority to differ from the Enquiry Officer’s findings, there must be legally sustainable reasons based on valid evidence. Since the evidence relied upon was not legally admissible, the Court ruled that the second show cause notice and the final punishment order were procedurally illegal.
Therefore, the punishment order dated 03.07.2014 was quashed, and the writ petition was allowed. However, the Court gave liberty to the Disciplinary Authority to revisit the matter strictly in accordance with law, using only the Enquiry Officer’s report as the basis.
Significance or Implication of the Judgment
This judgment holds significant implications for government and PSU employees facing disciplinary proceedings. It reiterates that an employee cannot be punished based on inadmissible evidence or in violation of prescribed procedures. The Court also clarified that criminal investigation documents cannot substitute for proper inquiry-based evidence unless tested through cross-examination. This ruling reinforces the need for fair and lawful disciplinary procedures and protects the pension rights of retired employees.
Legal Issue(s) Decided and the Court’s Decision
- Whether the punishment of zero pension was lawful
– No, because it was based on inadmissible evidence and violated procedural rules. - Can a Disciplinary Authority override an Enquiry Officer’s report without sufficient legal evidence?
– No, disagreement must be based on legally sustainable grounds and valid evidence. - Is reliance on criminal investigation documents alone sufficient in departmental inquiries?
– No, such documents must be supported by proper inquiry procedures including cross-examination.
Judgments Referred by Parties
- None specifically mentioned by parties.
Judgments Relied Upon or Cited by Court
- Roop Singh Negi vs. Punjab National Bank & Ors., (2009) 2 SCC 570
Case Title
Ashok Kumar Kashyap vs. Bihar State Power (Holding) Company Ltd. & Ors.
Case Number
Civil Writ Jurisdiction Case No. 12831 of 2014
Citation(s)
2020 (1) PLJR 98
Coram and Names of Judges
Hon’ble Mr. Justice Madhuresh Prasad
Names of Advocates and who they appeared for
- Mr. Shivendra Kishore, Sr. Advocate – for the petitioner
- Mr. Vinay Kirti Singh, Sr. Advocate with M/s Vijay Kr. Verma, Akhileshwar Singh – for the respondents
Link to Judgment
https://patnahighcourt.gov.in/viewjudgment/MTUjMTI4MzEjMjAxNCMxI04=-hUngDOpK4cI=
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