Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15712 of 2005 ====================================================== Biso Sah S/O Late Kartik Sah, resident of village- Tulsipur, P.S.Kharik, District- Bhagalpur. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Commissioner Bhagalpur Division, Bhagalpur. 3. District Magistrate, Bhagalpur, District- Bhagalpur. 4. Sub-divisional Officer, Naugachia Sub-Division District-Bhagalpur. 5. Deputy Collector, Land Reforms, Naugachia Sub-Divisiona, District- Bhagalpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajni Kant Jha For the Respondent/s : Mr. (Sc9) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 3 19-06-2012 The petitioner is aggrieved by the order of the Collector, Bhagalpur by which by way of punishment one increment has been withheld. It appears that the petitioner is the 4th grade employee in the office of the Sub-divisional Officer, Naugachia. The petitioner was arrested in a criminal case. Pursuant to an FIR lodged on the allegations that he used to organize gambling in the premises of the Sub-divisional Office in which over certain disputes, a person was killed by the petitioner and he himself was shot in the foot. Petitioner was charge sheeted accordingly, inter-alia, under [STATUTE] . Upon arrest of the petitioner and the FIR Patna High Court CWJC No.15712 of 2005 (3) dt.19-06-2012 2 / 3 2 being lodged, the petitioner was immediately suspended and a departmental proceeding was initiated. Charges were framed in the departmental proceeding for organizing gambling on the premises of the Sub-divisional Officers’ office. This was obviously found on the FIR duly lodged. In the meantime, the petitioner was acquitted in criminal case having been given benefit of doubt. In the departmental proceeding before the Enquiry Officer, petitioner had argued that he had been acquitted in the criminal case and as such, charges should be dropped. To the contrary, the Enquiry Officer was of the view and rightly so that the two allegations were totally different and charges were different. The Enquiry Officer found the charges proved and recommended that a minor punishment for that should be given. On a show cause being issued by the Disciplinary Authority i.e. the District Magistrate, Bhagalpur having found that the petitioner collected money for his organized gambling in the premises of Sub-divisional Officer passed an order for withholding one increment with cumulative effect. Petitioner filed an appeal before the Divisional Commissioner, who rejected the same with observation that the District Magistrate has taken a lenient view in the matter.. Having heard the learned counsel for the petitioner this Court is agreement with the Divisional Commissioner that in effect the petitioner was let off with less than adequate punishment. However as the State had not appealed, this Court does not take note of this stand. Learned counsel for the petitioner submits that in the departmental proceedings the charge was not proved. In my view in the departmental proceeding the department had relied on the Patna High Court CWJC No.15712 of 2005 (3) dt.19-06-2012 3 / 3 3 FIR which was known to the petitioner. It was for the petitioner to put up a defence. Petitioner merely took the plea that he had been acquitted in a criminal case and therefore the charge of gambling was not established in the departmental proceeding. In my view it is incorrect. The criminal case having been registered under [STATUTE] . petitioner acquitted therein having been given benefit of doubt, can not accrue to the benefit of the petitioner in so far the departmental proceedings are concerned. The charge in criminal case was under Section 302 whereas in the departmental proceeding the charge was of organizing gambling in the office bases on the allegation in the FIR. In that view of the matter I am not inclined to interfere in the matter and the writ petition is accordingly dismissed. Sudha/- (Navaniti Prasad Singh, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.