Disciplinary authority is required to finish the investigation proceedings in a timely manner: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.104220 Virendra Kumar Son of Late Nand Ram resident of Mohalla Subhash Nagar Khemnichak P.O. Jaganpura P.S. Ram Krishna Nagar District Patna 27 ... Petitioner s The State of Bihar through the Engineer in Chief cum Special Secretary Public Health Engineering Department Nirman Bhawan Bailey Road Patna 800015 Superintending Engineer Public Health Engineering Department Circle No 01 at present Bihar Rajya Jal Parshad Bihar Urban Infrastructure Development Co. Ltd BUIDCO) Ganga Project Circle No. 01 West Boring Canal Road Rajapur Pull P.S. Budha Colony Patna 800001 3. General Manager Bihar Urban Infrastructure Development Co Ltd.West Boring Canal Road Rajapur Pull P.S. Budha Colony Patna 800001 4. Managing Director Bihar Urban Infrastructure Development Co. Ltd BUIDCO) West Boring Canal Road Rajapur Pull P.S. Budha Colony Patna 800001 Principal Secretary Urban Development and Housing Department Govt. of Bihar Vikas Bhawan Bailey Road Patna 800001 ... Respondent s For the Petitioner s For the Respondent s Mr. Prakash Kumar Advocate Mr. Rajiv Roy GP 1 Mr. Rabindra Kumar Priyadarshi Advocate CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI Date : 25 01 2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID 19 pandemic 2. In the instant petition petitioner has prayed for the following relief reliefs: “i. For issuance of writ in the nature of writ of mandamus directing the respondents to pay to the petitioner the salary for the month from February 2020 up till now as the Patna High Court CWJC No.104220 dt.25 01 2022 petitioner is working continuously on the post of Peon in the office of the Superintending Engineer PHEDBUIDCo to issue a copy of office order no. 124 dated 22.04.2020by which the service of the petitioner has been transferred from his present place of posting i.e. in the office of the Superintending Engineer PHED Circle No. 1 respondent no. 2) to BUIDCO headquartersat Rajapur Pull Patna and further to issue relieving letter from the office of respondent no. 2 to the petitioner so that the petitioner may get relieved and join at the place of transfer iii. For grant of any other relief or reliefs as made available to the petitioner as per the law.” 3. Petitioner has filed Interlocutory Application seeking certain additional relief. During pendency of the present petition the petitioner’s main relief has been set right in providing arrears of salary for which present petition is filed. 4. Learned counsel for the petitioner submitted that the petitioner has been ousted from the parent department and asking the petitioner to work in Bihar Urban Infrastructure Development Corporation Limited (for short “Corporation”). There is no challenge to the deputation to the Corporation. In the absence of challenge to the deputation order the petitioner is not entitled to relief as addressed by the learned counsel for the petitioner. 5. In the light of above facts and circumstances present petition stands disposed off reserving liberty to the petitioner to claim difference of salary in the event of petitioner is exonerated in the disciplinary proceedings. If he is punished in that event the Patna High Court CWJC No.104220 dt.25 01 2022 authority is hereby directed to regulate the period in accordance with law within a period of three months from the date of conclusion of the enquiry. 6. The disciplinary authority is hereby directed to complete the enquiry proceedings within a period of two months from today. The appointing authority who has deputed the petitioner’s service to Corporation is hereby directed to examine whether Peon services could be drafted to Corporation or not If it is not in accordance with law necessary order shall be passed and communicated to the petitioner. P. B. Bajanthri J GAURAV S. 

Summary: The disciplinary authority is required to finish the investigation proceedings and the appointing authority is directed to investigate whether Peon services could be drafted to Corporation and if it is not legal, the appropriate order should be issued and conveyed is upheld by the High Court of Patna through the learned bench led by HONOURABLE MR. JUSTICE P. B. BAJANTHRI in the case of Virendra Kumar Vs. The State of Bihar (Civil Writ Jurisdiction Case No. 1750 of 2021) Brief facts of the case are that the petitioner has asked for the issuance of a writ in the nature of a writ of mandamus directing the respondents to pay the petitioner’s salary for the month of February 2020 up to the present because the petitioner has been working continuously as a Peon in the office of the Superintending Engineer, PHED, and for a direction to the respondents to issue a copy of the office order by which the petitioner’s service has been transferred from his current place of posting  (office of the Superintending Engineer, PHED to BUIDCO headquarters at Rajapur Pull, Patna). The petitioner has requested that the respondent’s office send a relieving letter to the petitioner so that the petitioner can be released and join at the transfer location. During the pendency of the present case, the petitioner’s fundamental remedy has been set right in providing arrears of salary for which the present petition is filed, and the petitioner has filed an Interlocutory Application requesting certain further remedies. The petitioner’s learned counsel stated that the petitioner was removed from the parent department and was asked to work for the Bihar Urban Infrastructure Development Corporation Limited (the “Corporation”), and that the deputation to the Corporation was not challenged. The petitioner is not entitled to redress as addressed by the learned counsel for the petitioner until the deputation order is challenged. Considering the facts and circumstances, the petition is dismissed, with the petitioner reserved the right to claim the difference in salary if he is found not guilty in the disciplinary processes. If he is found guilty, the authority is therefore directed to regulate the period in line with the law within three months of the conclusion of the investigation. The disciplinary authority is hereby required to finish the investigation proceedings and the appointing authority who deputed the petitioner’s service to Corporation is hereby directed to investigate whether Peon services could be drafted to Corporation and if it is not legal, the appropriate order will be issued and conveyed to the petitioner. Click here to read the judgment