Bishnu Deo Choudhary vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18568 of 2023
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Bishnu Deo Choudhary S/o Late Tek Narayan Choudhary, Resident of
village- Nitibag Raisar, PS - Basudeopur Top (Kotwali), District- Munger
Retired Employee Civil Court, Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through Law Secretary, Secretariat, Patna.
2. The Registrar General, High Court of Judicature at Patna.
3. The District and Session Judge, Civil Court, Munger.
4. The Additional District and Session Judge, 1st cum Enquiry Officer,
Munger, Civil Court, Munger.
5. The Registrar cum Judge In-charge Administration, Civil Court, Munger.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dinesh Kumar Gupta, Advocate
For the State : Ms. Shally Kumari, AC to SC-24
For the High Court : Mr. Piyush Lall, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 01-09-2026
Heard Mr. Dinesh Kumar Gupta, learned Counsel for
the petitioner, appearing through virtual mode along with Mr
Dhirendra Nath Jha, learned Advocate, Ms. Shally Kumari,
learned AC to SC-24 and Mr. Piyush Lall, learned learned
counsel for the High Court.
2. The present petition has been filed with the
following relief/s:-
“i. Departmental Proceeding No.-4/2019

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initiated under No.-59(M) dated 28th
June 2019 by the order of learned District
and Session Judge Munger against the
petitioner contained in Annexure-1 by
issuing notice dated 25-01-23 contained
in Annexure-1 to appear before learned
Additional District and Session Judge 1st
cum Enquiry Officer Munger on 6-2-2023
after superannuation on 31/5/2013 for an
action which was said to have occurred
14 years ago;
ii) Or grant such other relief or reliefs in
the interest of justice by issuance of an
appropriate writ, rule or direction or
directions in the interest of Justice.”
3. Learned counsel for the petitioner submits that,
admittedly, the petitioner was working in the Civil Court,
Munger. He was appointed to the post of Assistant in the Civil
Court, Motihari, on 01.01.1977. Subsequently, he was
transferred from Motihari Civil Court to Munger Civil Court in
the month of October 1987, and he superannuated on
31.05.2013.
4. It has been submitted that the petitioner received a
notice dated 25.01.2023, on 06.02.2023, from Enquiry Officer-
cum-Additional Sessions Judge-I, Munger, regarding the
initiation of Departmental Proceeding No. 4 of 2019 against
him, pursuant to Order No. 59(M) dated 28.06.2019, passed by
the District and Sessions Judge, Munger.
5. Learned Counsel submits that upon receipt of the

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said notice, a representation dated 06.04.2023 was filed by the
petitioner for dropping of the said proceeding, which was
initiated after his superannuation. Learned counsel further
submits that after a lapse of nine (9) years since his
superannuation, he has received this notice; and after a lapse of
six (6) years from his date of superannuation, proceedings have
been initiated for an action which is alleged to have taken place
fourteen (14) years prior to the date of his superannuation.
6. Learned Counsel submits that the petitioner is a
superannuated employee and the Bihar Pension Rules, 1950
(hereinafter referred to as ‘the Bihar Pension Rules’) shall be
applicable in his case. He further submits that in the light of
Rule 43(b) of the Bihar Pension Rules, a proceeding regarding
an event that took place four (4) years back shall not continue.
In support of his argument, he places reliance on a judgment of
this Court in the case of Anil Kumar vs. State of Bihar and
Others (CWJC No. 5624 of 2014) and submits that the initiation
of the said proceeding is a futile exercise. He prays that the
notice intimating him about the initiation of the proceeding be
set aside.
7. Learned counsel for Respondent No. 2, namely, the
Registrar General, Patna High Court, Patna submits that the

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dates are relevant in the present case. He submits that the
petitioner admittedly got superannuated on 31.05.2013, and
after six (6) years of his superannuation, the decision to initiate
departmental proceedings was taken on 28.06.2019. He also
submits that since the petitioner is a pensioner, the Bihar
Pension Rules are applicable to him.
8. For better appreciation of the case, this Court feels
it necessary to quote relevant Rule 43(b) of the Bihar Pension
Rules, as under :
“43 (b) The Appointment authority of
the post held at the time of retirement
further reserve to themselves the right
of withholding or withdrawing a
pension or any part of it, whether
permanently or for a specified period,
and the right of ordering the recovery
from a pension of the whole or part of
any pecuniary loss caused to
Government if the pensioner is found
in departmental or judicial
proceeding to have been guilty of
grave misconduct; or to have caused
pecuniary loss to Government by
misconduct or negligence, during his
service including service rendered on
re-employment after retirement:
Provided that-

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(a) such departmental proceedings,
if not instituted while the
Government servant was on duty
either before retirement or during re-
employment:
(i) shall not be instituted save with
the sanction of the State
Government;
(ii) shall be in respect of an event
which took place not more than four
years before the institution of such
proceedings; and
(iii) shall be conducted by such
authority and at such place or
places as the State Government may
direct and in accordance with the
procedure applicable to proceedings
on which an order of dismissal from
service may be made; ”
9. After hearing the parties and upon perusal of
Proviso (ii) of Clause (b) of Rule 43, it becomes crystal clear
that the order for the initiation of the departmental proceeding
has taken place after six (6) years of petitioner’s superannuation,
which is not permissible in law.
10. Accordingly, the present writ petition stands
allowed. Accordingly, Departmental Proceeding No.-4/2019

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initiated under No.-59(M) dated 28th June 2019 by the order of
learned District and Session Judge Munger contained in
Annexure-1 to the writ petition is hereby sets aside.

(Dr. Anshuman, J)
Manshi/-
AFR/NAFR
CAV DATE NA
Uploading Date 03/09/2026
Transmission Date NA