Partly allowed

Nand Kishore Prasad Singh @ Nand Kishore Singh v. The State Of Bihar and Ors.

Patna HC14 Feb 2019CWJC/1784/2016

Case brief

AI extract

What is this about?

The Single Judge of the Patna High Court quashed a non-speaking order rejecting the petitioner's review petition. The Court held that the Reviewing Authority abdicated its duty under Rule 24(2) of the Bihar CCA Rules 2005 by issuing a cryptic order without reasons and directed a fresh, reasoned decision within three months.

What did the court decide?

The cryptic order of 11.3.2015 quashed; the Reviewing Authority directed to consider the review petition and pass a reasoned order within three months.

Nand Kishore Prasad Singh @ Nand Kishore Singh Vs The… — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1784 of 2016

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Nand Kishore Prasad Singh @ Nand Kishore Singh son of Late Sudarshan Singh, Section Officer, Social Welfare, Department Bihar, Patna, resident of village P.O.- Ganj Bharasara, P.S.- Dinara, District- Rohtas

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... ... Petitioner

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Versus

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The State Of Bihar through The Principal Secretary, Department of Social Welfare, Government of Bihar, Patna

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The Principal Secretary, Department of Social Welfare, Government of Bihar, Patna

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The Deputy Secretary, Department of Social Welfare, Government of Bihar, Patna

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The Under Secretary, Department of General Administration, Government of Bihar, Patna

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... ... Respondents

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======================================================

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Appearance : For the Petitioner/s : Mr.Pramod Mishra For the Respondent/s : Mr.D.K. Prasad- Gp7 ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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3 14-02-2019 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

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The petitioner was a Section Officer in the Social Welfare Department of the Government of Bihar. On allegation of accepting bribe he was proceeded against. The petitioner was thereafter visited with the punishment order dated 2.1.2015, whereby he was awarded the punishment of censure as also major punishment of withholding of two increments with cumulative effect . The order was passed in purported exercise of power under Rule 14 of the Bihar CCA Rules 2005.

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The petitioner was aggrieved by order of punishment.

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Patna High Court CWJC No.1784 of 2016(3) dt.14-02-2019 2/4

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It is his submission that the order was product of a procedure which was conducted in total non compliance of the norms of the Bihar CCA Rules 2005. The grievance of the petitioner was to be looked into by the Reviewing Authority in terms of the provisions contained in Rule 24(2) of the Bihar CCA Rules 2005 which provides for filing review petition in the form of memorial. The review petition of the petitioner has been rejected by the authorities and the original order of punishment has been reaffirmed by the Reviewing Authority.

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Had the Reviewing Authority discharged his obligations under Rule 24(2) by showing some consideration to the objections raised by the petitioner and communicated reasons in support of his decision, there may have been no occasion for the petitioner to approach this Court. On the contrary the order dated 11.3.2015, communicating rejection of the petitioner’s review, issued by the Reviewing Authority, shows total abdication of duty cast upon the authority considering the review petition under Rule 24(2). The order rejecting the petitioner’s review is a cryptic and non speaking order which shows total non application of mind. Non assigning of any reason whatsoever in the order rejecting the petitioner’s review incapacitates this Court also to conduct a judicial review

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Patna High Court CWJC No.1784 of 2016(3) dt.14-02-2019 3/4

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of the order passed by the Reviewing Authority. The order of the Reviewing Authority is as follows:-

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“funs'kkuqlkj foHkkxh; vkns'k la0-97 fnukad 02&01&2015 ds fo#) izkIr vkids fo’k;kafdr iqufoZyksdu vH;kosnu ds laca/k esa fy;s x;s fu.kZ;kuqlkj lwfpr djuk gS fd lE;d leh{kksijkUr vuq'kklfud izf/kdkj ds }kjk bls vLohd`r dj fn;k x;k gSA”

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Such a non speaking and cryptic order apart from being mechanical is also otherwise unsustainable in law inasmuch as the same would be an arbitrary decision as there is no reason in support of the same. Courts have repeatedly frowned upon such orders sans reason. The importance of assigning reasons has been emphasised time and again. The order dated 11.3.2015 rejecting the petitioner’s review application without assigning any reason whatsoever is therefore quashed by this Court. The Reviewing Authority should consider the petitioner’s review and dispose it of by a reasoned and speaking order communicating decision with reasons to the petitioner so as to enable judicial review of the decision taken by the Reviewing Authority. The order should be passed by Reviewing Authority expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this order.

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Patna High Court CWJC No.1784 of 2016(3) dt.14-02-2019 4/4

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The writ petition is allowed to the extent indicated

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above.

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(Madhuresh Prasad, J)

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SNkumar/-

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Nand Kishore Prasad Singh @ Nand Kishore Singh v. The State Of Bihar and Ors.

Case brief

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Nand Kishore Prasad Singh @ Nand Kishore Singh v. The State Of Bihar and Ors.

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