Patna High Court
Madan Prasad Roy vs The State Of Bihar on 8 October, 2021 IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10468 of 2020
======================================================
MADAN PRASAD ROY Son of Late Ram Bahadur Prasad Roy Resident of
Ward No. 1, Sonvarsha Tola, P.O.- Mathurapur, P.S.- Khagaria Sadar, District-
Khagaria
… … Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Govt. of Bihar, Patna
2. THE PRINCIPAL SECRETARY, Department of Education, Govt. of Bihar,
Patna
3. The Director, Secondary Education, Government of Bihar, Patna
4. The Deputy Director, Secondary Education, Department of Education,
Government of Bihar, Patna
5. The Regional Deputy Director of Education (RDDE) Munger Division,
Munger
6. The District Education Officer, Khagaria, District- Khagaria
7. The District Programme Officer, Munger, District- Munger
… … Respondent/s
======================================================
Appearance:
For the Petitioner/s : Mr. Brisketu Sharan Pandey, Advocate
For the Respondent/s : Ms. Binita Singh, Standing Counsel-28
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
CAV JUDGMENT
Date : 08-10-2021

1. The present writ petition has been filed for quashing

the order dated 28.02.2020 passed by the Director, Secondary

Education, Department of Education, Government of Bihar,

Patna, whereby and whereunder punishment has been inflicted

upon the petitioner and he has been reverted to the lowest time

scale salary with effect from the date of issuance of the order.

The petitioner has further prayed for quashing of the appellate

order dated 01.09.2020, passed by the Additional Chief

Secretary-cum-Appellate Authority, Department of Education,

Government of Bihar, Patna, whereby and whereunder the

appeal preferred by the petitioner has been dismissed. The

petitioner has also prayed for quashing of the enquiry report
Patna High Court CWJC No.10468 of 2020 dt.08-10-2021
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dated 29.11.2019 as also for directing the respondents to pay his

salary from August, 2019 to February, 2020 i.e. for the period of

suspension, for which the petitioner has not even been paid the

subsistence allowance.

2. The brief facts of the case according to the petitioner

are that one Priyaranjan Kumar (Assistant Teacher), Project

Girls High School, Dumariya Bujurg, Khagaria, was transferred

by the Regional Deputy Director of Education, Munger on

29.06.2018 to the school where the petitioner was posted as In-

Charge Headmaster. The said transfer order was illegal

inasmuch as the same was issued without verifying the

sanctioned strength of the petitioner’s school i.e. Shovani

Chandpura, Inter School, Jalkoidha, Khagaria. The petitioner

had then approached the Director, Secondary Education, seeking

guidance regarding accommodating and adjusting the aforesaid

Priyaranjan Kumar inasmuch as the said incumbent had been

transferred vide transfer order dated 29.06.2018, beyond the

sanctioned strength of the school, however, the Director,

Secondary Education, considered the said act of the petitioner of

directly communicating with him to be an indication of

indiscipline, hence a show cause notice dated 26.10.2018 was

issued to the petitioner. The petitioner had then offered an
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apology, however, subsequently the petitioner was put under

suspension vide order dated 22.08.2019 and on the same day a

charge sheet was also issued to the petitioner alleging therein

that the petitioner had accepted the joining of one Priyaranjan

Kumar on 07.07.2018 and only on 04.09.2018, he had sought

guidance from the Director, Secondary Education regarding

adjustment of Priyaranjan Kumar, after making payment of

salary to him, hence the petitioner had engaged in misconduct.

It was also alleged that though there was no vacant post of

Assistant Teacher in the school in question, the petitioner had

not only adjusted the said Priyaranjan Kumar but had also

helped him by illegally releasing his salary and only after a long

time, vide letter dated 04.09.2018, the petitioner had informed

about non-availability of vacant post of teacher in the said

school as also had sought guidance as to on what post the said

Priyaranjan Kumar should be adjusted, thus the same shows

carelessness and arbitrariness on the part of the petitioner as also

amounts to the petitioner having engaged in financial

irregularity. The petitioner had then submitted his reply dated

14.10.2019 stating therein that he had only complied with the

order dated 29.06.2018, passed by the Regional Deputy Director

of Education, Munger, made pursuant to the recommendation of
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the Divisional Establishment Committee and moreover, since it

was clearly mentioned in the said transfer order that the transfer

was being made against a vacant post, the petitioner had no

occasion to doubt the correctness of the said order dated

29.06.2018, however, only when the petitioner had visited the

office of Regional Deputy Director of Education, Munger and

obtained a list of the sanctioned posts of the schools of the

District, he came to know about the sanctioned strength of his

school and regarding non-availability of vacant post for

accommodating the said Priyaranjan Kumar, thus he had sought

guidance from the Director, Secondary Education, Government

of Bihar, Patna inasmuch as the order of transfer had been

issued by the Regional Deputy Director of Education, Munger.

It was also stated by the petitioner in his reply that since the said

teacher had worked for the month of July and there was

direction to make payment of his salary, the petitioner had

implemented the order of his superior authorities.

The Enquiry Officer, had then submitted the enquiry

report dated 29.11.2019, apparently with a perverse finding to

the effect that only when the said Priyaranjan Kumar was made

In-Charge, of the school by the District Education Officer, vide

memo dated 23.10.2018, the petitioner had raised objection and
Patna High Court CWJC No.10468 of 2020 dt.08-10-2021
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sought guidance regarding the said irregularity as also had

become active. Nonetheless, the Enquiry Officer had found the

charge leveled against the petitioner to have been proved.

Thereafter, the disciplinary authority vide letter dated

27.12.2019 had issued a second show cause notice to which the

petitioner had submitted his reply and then the Director,

Secondary Education, Government of Bihar, Patna, by the

impugned order dated 28.02.2020, has inflicted major

punishment of reversion to the lowest time scale salary with

effect from the date of issuance of the order, upon the petitioner.

The petitioner had then filed an appeal, however, the same has

also been dismissed by an order dated 01.09.2020 passed by the

Additional Chief Secretary, Education Department, Bihar, Patna.

3. The learned counsel for the petitioner has submitted

that the finding of the Enquiry Officer is perverse and has

travelled beyond the charge inasmuch as the charge was that

though the aforesaid Priyaranjan Kumar was transferred on

29.06.2018 and his joining was accepted by the petitioner on

07.07.2018 but he had raised the issue regarding there being no

vacant post of Assistant Teacher in the school in question

belatedly and had sought guidance from the Director, Secondary

Education, Government of Bihar, Patna only on 04.09.2018,
Patna High Court CWJC No.10468 of 2020 dt.08-10-2021
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however, the Enquiry Officer has come to a finding that for the

first time, the petitioner had become alert and had sought

guidance only after the said Priyaranjan Kumar was sought to be

made In-Charge of the school by the District Education Officer,

Khagaria vide Memo dated 23.10.2018 and the petitioner was

directed to hand over the charge. Thus, it is submitted that the

finding of the Enquiry Officer is beyond the materials on record.

The learned counsel for the petitioner has further submitted that

the reply submitted by the petitioner has neither been considered

by the Enquiry Officer nor by the disciplinary authority, which

is apparent from the enquiry report dated 29.11.2019 and the

impugned order of punishment dated 28.02.2020. Lastly, it is

submitted that the quantum of punishment imposed upon the

petitioner by the impugned order dated 28.02.2020 is

disproportionate, hence on this ground as well the order of

punishment dated 28.02.2020 is fit to be set aside.

4. Per contra, the learned counsel for the respondent-

State has submitted that there is no irregularity in the conduct of

the departmental proceeding and this Court is not required to re-

appreciate the evidence and sit in appeal over the order of

punishment dated 28.02.2020, passed by the disciplinary

authority, hence no interference is required, either with the
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punishment order dated 28.02.2020 or for that matter with the

appellate order dated 01.09.2020.

5. I have heard the learned counsel for the parties and

perused the materials on record and I find that no infirmity can

be found out as far as the enquiry report dated 29.11.2019 is

concerned, inasmuch as the Enquiry Officer has merely come to

a finding, which cannot be disputed by the petitioner, to the

effect that the aforesaid Priyaranjan Kumar was transferred by

an order dated 29.06.2018, whereafter the petitioner had

accepted his joining on 07.07.2018 despite the fact that in the

school in question, of which the petitioner was In-Charge,

Headmaster, there was no vacant post of Assistant

Teacher/Teacher, hence it cannot be said that the petitioner had

not engaged in negligence/ dereliction in discharge of his duties,

apart from the fact that the petitioner had admittedly sought

guidance from the authorities belatedly, i.e only after releasing

the salary of the said Priyaranjan Kumar. This Court further

finds that it would hardly make a difference as to whether the

petitioner had sought guidance, regarding the issue in question,

either vide his letter dated 04.09.2018 or had become alert, as

has been stated in the enquiry report dated 29.11.2019, only on

23.10.2018 when the said Priyaranjan Kumar was sought to be
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made In-Charge of the school inasmuch as by that time the

petitioner had already erred by not only accepting the joining of

the said Priyaranjan Kumar, though there was no vacant post of

Teacher/ Assistant Teacher in the school in question, but also

releasing salary to him. Thus the argument advanced by the

learned counsel for the petitioner to the effect that the finding of

the Enquiry Officer is perverse and travels beyond the charge, is

misconceived, hence is rejected. Now, coming to the other

argument advanced by the learned counsel for the petitioner to

the effect that the impugned order dated 28.02.2020 passed by

the Director, Secondary Education, Bihar, Patna neither

considers the reply of the petitioner nor contains any reason for

coming to a decision to inflict major penalty of reversion to the

lowest time scale salary as also the punishment is

disproportionate to the charges levelled against the petitioner,

this Court finds from a bare perusal of the punishment order

dated 28.02.2020 that the same does not contain any cogent,

clear and succinct reasons in support of the impugned order

dated 28.02.2020 as also for arriving at a conclusion to inflict

major punishment upon the petitioner, which in any view of the

matter is an indispensable component of a decision making

process and moreover, the impugned order dated 28.02.2020
Patna High Court CWJC No.10468 of 2020 dt.08-10-2021
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does not take into account the reply submitted by the petitioner

as also smacks of non-application of mind, hence the impugned

order dated 28.02.2020 stands vitiated in the eyes of law.

6. It is a well settled law that a disciplinary authority/an

administrative authority, in an order passed by it, is required to

record reasons for its decision in a clear and explicit manner so

as to indicate that the authority has given due consideration to

the various issues involved and the need for recording of

reasons is even greater in a case where the order is passed at the

original stage. Reference in this connection be had to a

judgment reported in A.I.R. 1990 SC 984 (S.N. Mukherjee vs.

Union of India), paragraph nos. 35, 36, 38 and 39 whereof are

reproduced herein below:-

“35. Reasons, when recorded by an ad-
ministrative authority in an order
passed by it while exercising quasi-judi-
cial functions, would no doubt facilitate
the exercise of its jurisdiction by the ap-
pellate or supervisory authority. But the
other considerations, referred to above,
which have also weighed with this
Court in holding that an administrative
authority must record reasons for its de-
cision, are of no less significance. These
Patna High Court CWJC No.10468 of 2020 dt.08-10-2021
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considerations show that the re- cord-
ing of reasons by an administrative au-
thority serves a salutary purpose,
namely, it excludes chances of arbitrari-
ness and ensures a degree of fairness in
the process of decision-making. The
said purpose would apply equally to all
decisions and its application cannot be
confined to decisions which are subject
to appeal, revision or judicial review. In
our opinion, therefore, the requirement
that reasons be recorded should govern
the decisions of an administrative au-
thority exercising quasi judicial func-
tions irrespective of the fact whether the
decision is subject to appeal, revision or
judicial review. It may, however, be
added that it is not required that the
reasons should be as elaborate as in the
decision of a Court of law. The extent
and nature of the reasons would depend
on particular facts and circumstances.
What is necessary is that the reasons
are clear and explicit so as to indicate
that the authority has given due consid-
eration to the points in controversy. The
need for recording of reasons is greater
in a case where the order is passed at
the original stage. The appellate or re-
visional authority, if it affirms such an
Patna High Court CWJC No.10468 of 2020 dt.08-10-2021
11/17

order, need not give separate reasons if
the appellate or revisional authority
agrees with the reasons contained in the
order under challenge.

36. Having considered the rationale for
the requirement to record the reasons
for the decision of an administrative au-
thority exercising quasi-judicial func-
tions we may now examine the legal ba-
sis for imposing this obligation. While
considering this aspect the Donough
more Committee observed that it may
well be argued that there is a third prin-
ciple of natural justice, namely, that a
party is entitled to know the reason for
the decision, be it judicial or quasi-judi-
cial. The committee expressed the opin-
ion that “there are some cases where the
refusal to give grounds for a decision
may be plainly unfair; and this may be
so, even when the decision is final and
no further proceedings are open to the
disappointed party by way of appeal or
otherwise” and that “where further pro-
ceedings are open to a disappointed
party, it is contrary to natural justice
that the silence of the Minister or the
Ministerial Tribunal should deprive
them of the opportunity.” (P 80) Prof.
Patna High Court CWJC No.10468 of 2020 dt.08-10-2021
12/17

H.W.R. Wade has also ex- pressed the
view that “natural justice may provide
the best rubric for it, since the giving of
reasons is required by the ordinary
man’s sense of justice.” (See Wade, Ad-
ministrative Law, 6th Edn. P. 548). In
Siemens Engineering Co. case (Supra)
this Court has taken the same view
when it observed that “the rule requir-
ing reasons to be given in support of an
order is, like the principles of audi al-
teram parlem, a basic principle of natu-
ral justice which must inform every
quasi-judicial process.” This decision
proceeds on the basis that the two well-
known principles of natural justice,
namely (i) that no man should be a
Judge in his own cause and (ii) that no
person should be judged without a
hearing, are not exhaustive and that in
addition to these two principles there
may be rules which seek to ensure fair-
ness in the process of decision-making
and can be regarded as part of the prin-
ciples of natural justice. This view is in
consonance with the law laid down by
this Court in A.K. Kraipak and Others
v. Union of India and Others, [1970] 1
SCR 457, wherein it has been held:
Patna High Court CWJC No.10468 of 2020 dt.08-10-2021
13/17

“The concept of natural justice
has undergone a great deal of
change in recent years. In the
past it was thought that it in-
cluded just two rules namely (i)
no one shall be a Judge in his
own cause (nemo dabet esse
judex propria causa) and (ii) no
decision shall be given against a
party without affording him a
reasonable hearing (audi alteram
partem). Very soon thereafter a
third rule was envisaged and that
is that quasi-judicial enquiries
must be held in good faith, with-
out bias and not arbitrarily or
unreasonably. But in the course
of years many more subsidiary
rules came to be added to the
rules of natural justice.” (P. 468-
69) A similar trend is discernible
in the decisions of English Courts
wherein it has been held that nat-
ural justice demands that the de-
cision should be based on some
evidence of probative value. (See:
R. v. Deputy Industrial Injuries
Commissioner ex P. Moore,
[1965] 1 Q.B. 456; Mahon v. Air
New Zealand Ltd., [1984] A.C.
Patna High Court CWJC No.10468 of 2020 dt.08-10-2021
14/17

648.”

38. The object underlying the rules of
natural justice “is to prevent miscar-
riage of justice” and secure “fairplay in
action.” As pointed out earlier the re-
quirement about re- cording of reasons
for its decision by an administrative au-
thority exercising quasi-judicial func-
tions achieves this object by excluding
chances of arbitrariness and ensuring a
degree of fairness in the process of de-
cision-making. Keeping in view the ex-
panding horizon of the principles of
natural justice, we are of the opinion,
that the requirement to record reason
can be regarded as one of the principles
of natural justice which govern exercise
of power by administrative authorities.
The rules of natural justice are not em-
bodied rules. The extent of their appli-
cation depends upon the particular
statutory framework whereunder juris-
diction has been conferred on the ad-
ministrative authority. With regard to
the exercise of a particular power by an
administrative authority including exer-
cise of judicial or quasi- judicial func-
tions the legislature, while conferring
the said power, may feel that it would
Patna High Court CWJC No.10468 of 2020 dt.08-10-2021
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not be in the larger public interest that
the reasons for the order passed by the
administrative authority be recorded in
the order and be communicated to the
aggrieved party and it may dispense
with such a requirement. It may do so
by making an express provision to that
affect as those contained in the Admin-
istrative Procedure Act, 1946 of U.S.A.
and the Administrative Decisions (Judi-
cial Review) Act, 1977 of Australia
whereby the orders passed by certain
specified authorities are excluded from
the ambit of the enactment. Such an ex-
clusion can also arise by necessary im-
plication from the nature of the subject
matter, the scheme and the provisions of
the enactment. The public interest un-
derlying such a provision would out-
weight the salutary purpose served by
the requirement to record the reasons.
The said requirement cannot, therefore,
be insisted upon in such a case.

39. For the reasons aforesaid, it must
be concluded that except in cases where
the requirement has been dispensed
with expressly or by necessary implica-
tion, an administrative authority exer-
cising judicial or quasi-judicial func-
Patna High Court CWJC No.10468 of 2020 dt.08-10-2021
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tions is required to record the reasons
for its decision.”

7. Now coming back to the present case, this Court finds

that no reason whatsoever has been furnished by the disciplinary

authority, while passing the impugned order of punishment

dated 28.02.2020, in support of its decision to inflict major

penalty upon the petitioner and further the said order, passed by

the disciplinary authority, does not either show consideration of

the reply of the petitioner or application of mind by the

disciplinary authority or any justification for passing the said

order dated 28.02.2020, thus the impugned order of

punishment dated 28.02.2020 is unsustainable in the eyes of

law, hence is quashed.

8. A bare perusal of the penalty inflicted upon the

petitioner, by the disciplinary authority vide order dated

28.02.2020 i.e. reversion to the lowest time scale salary, is in

the considered opinion of this Court harsh, excessive and

disproportionate to the offence alleged, thus requires

reconsideration by the disciplinary authority. On this ground as

well the impugned order of punishment dated 28.02.2020 is bad

in the eyes of law and fit to be set aside.

9. Having regard to the facts and circumstances of the
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case as also considering the fact that since the order of

punishment dated 28.02.2020 has already stood quashed, the

appellate order dated 01.09.2020 has got no legs to stand apart

from the fact that the same is perverse, inasmuch as the same

does not either consider or deal with the issues raised by the

petitioner in the memo of appeal, this Court deems it fit and

proper to set aside the appellate order dated 01.09.2020. As a

result of quashing of the order of punishment dated 28.02.2020

as also the appellate order dated 01.09.2020, the matter is

remanded back to the disciplinary authority to pass an order

afresh, taking into account the reply furnished by the petitioner

to the second show cause notice, the materials available on

record and the observations made herein above in the preceding

paragraphs, within a period of six weeks of receipt/production

of a copy of this judgment.

10. The writ petition stands allowed to the aforesaid

extent.

(Mohit Kumar Shah, J)
S.Sb/-
AFR/NAFR AFR
CAV DATE 10.09.2021
Uploading Date 13.10.2021
Transmission Date

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