The State of Bihar vs Purushottam Kumar Jha

IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.334 of 2026
In
Civil Writ Jurisdiction Case No.9906 of 2024
CNR No. BRHC010413912026
======================================================
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Old
Secretariat, Patna-800015.
2. The Principal Secretary, Department of Cooperative, Govt. of Bihar, New
Secretariat, Patna-800015.
3. The Registrar, Co-operative Societies, Bihar, New Secretariat, Patna-
800015.
4. The District Audit Officer, Co-operative Societies, Samastipur, Tazpur Road,
(Near LIC office), Samastipur (Bihar)- 848101
... ... Appellant/s
Versus
Purushottam Kumar Jha son of late Kishori Nath Jha, resident of Dharampur
(Ujan), P.O- Lohna Road, P.S- Sakatpur, District-Darbhanga, Bihar.
(Correspondence, Address) Purushottam Kumar Jha, 5B/24, Indrapuri, P.O
Keshri Nagar, P.S- Patliputra, Patna- 800024 is basically field clerk but is
conditionally deputed as a law officer in the Co-operative department, Govt.
of Bihar, New Secretariat, Patna as well as is posted as a clerk in the office of
the District Audit Officer, Co-operative Societies, Tazpur Road, Samastipur
(Bihar)
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ravinder Kumar Sharma, SC-40
Mr. Amarjeet Kumar, AC to SC-40
Mr. Ravi Bhushan, AC to SC-40
For the Respondent/s : Mr. Purushottam Kumar Jha, In Person
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-11-2026
The appeal lays a challenge to order dated 21.01.2026
whereby the learned Single Judge has allowed the writ petition
filed by the respondent herein being CWJC No.9906 of 2024, by

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stating in paragraph No.6 onwards as under :-
“6. After hearing the parties, it is the
admitted position that the petitioner is the
employee and the respondent is the employer.
The service rule applicable to the petitioner is
CCA Rules, 2005. According to which, it is well
within the power of the employer to suspend
him and he has rightly been suspended under
Rule 9(1) of the CCA Rules, 2005, since both
employer and employee are guided by CCA
Rules, 2005. Therefore, the employer is also
bound to follow the rule laid down under Rule
9(7) of the Bihar CCA Rules, 2005. This Court
with a view decide this writ petition accepts
that charge memo has been issued which has
been attached as Annexure-D of the
supplementary affidavit dated 16.05.2023 filed
by respondent Nos.2 to 6. This Court is aware
about the special regulation framed in the year
2017, published in the Bihar Gazette
th
Extraordinary No.1189 dated 19 of December,
2017 under which the Bihar Government
Servant has to serve charge in accordance with
the special regulation, namely, Bihar Framing
of Article of Charge against Government
Servant Regulation 2017. Since, this charge
memo has been issued in the year 2022,
therefore, this regulation 2017 become
applicable on the same. According to this
regulation, every memo of article of charge
shall contain four parts. The first part is
personal information regarding the concerned
government servant, the second part is the
substance of imputation of misbehave or
misconduct and the third part is Clarification
(Abhikathan) of misbehave or misconduct and
fourth part is in two further sub-part (a) list of
document by which it is proposed to prove the

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allegations and another sub-part (b) list of
witnesses.
7. Upon perusal of Annexure-D,
which is alleged to be the memo of charge
against the petitioner, this Court finds that
there is only part-I and Part-III are there. Part-
II and Part-IV are completely inabsentia. It is
due to this reason, this Court is of the firm view
that the alleged Annexure-D, i.e., Memo of
Charge, is absolútely defective and on the
defective charge memo proceeding cannot be
proceeded as well as Rule 9(7) of the CCA
Rules, 2005 is very categorical under which
time period has been prescribed and, therefore,
it is due to this reason that Annexure-D is
basically no charge. This Court hereby treats
that no charge memo has been issued. In result,
Suspension Order No.10139 dated 16.12.2022
(Annexure-13) is hereby set aside. Respondent
No.2, the Principal Secretary, Department of
Cooperative, Government of Bihar, Patna, is
directed to make payment of all his arrears to
the petitioner within three months from the date
receipt/production of a copy of this order.
8. With the aforesaid direction, this
writ petition is allowed.”
2. Some of the facts need to be noted for the purpose
of this judgment are that the respondent while working as a
Clerk in the Office of the District Audit Officer, Cooperative
Societies was suspended on 16.12.2022. It is the case of the
respondent herein that he was working with full dedication but
despite that a Memo No.10139 dated 16.12.2022 was issued by
the Registrar, Cooperative Societies, Bihar suspending him. His

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case was also that in terms of Rule 9(7) of the Bihar
Government Servants (Classification, Control & Appeal) Rules,
2005, there is specific provision that when order of suspension
has been made thereafter the charges have to be framed within
three months, failing which on expiry of three months, the
suspension order shall stand revoked unless the authority which
issued the suspension order passes the order renewing the
suspension along with reasons to be recorded in writing for the
delay in framing the charge for a further period of four months.
The case of the appellants herein was that the charge memo was
issued to the respondent within time.
3. On a specific query to the learned counsel for the
appellants that whether he has produced the charge memo issued
to the respondent, the answer is in the negative.
4. An issue has arisen as to when exactly the charge
memo was issued. The submission of the learned counsel for the
appellants is that the charge memo was sent to the respondent
vide an e-mail on the date of suspension of the respondent. We
find that the said e-mail has not been placed on record. Rather,
we note that a communication dated 07.08.2023 is filed, sent to
the respondent, whereby a further copy of charge memo was
sent to the respondent. In the absence of e-mail dated

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16.12.2022, by which as stated by the learned counsel for the
appellant that the charge-sheet was sent and also the fact that the
communication dated 07.08.2023 was again sent to the
respondent sending the charge memo surely suggest that the
charge-sheet was sent almost eight months after the suspension
of the respondent. The finding of the learned Single Judge as
noted in paragraph No.6 onwards that the charge memo was
accompanied by only Part-I and Part-III thereof and Part-II and
Part-IV were completely in absentia and hence, he concludes
that the charge memo was defective and gives a finding that no
charge memo has been issued, we are of the view even
otherwise the appellants herein are required to prove that a valid
charge memo was issued which was served on the respondent
within a period of three months from the date of suspension. No
evidence has been placed on record by the appellants herein to
show that the charge memo was framed and duly served upon
the respondent within a period of three months from the date of
suspension. In the absence of such an evidence, the only
conclusion can be reached that the charge memo was not served
on the respondent within three months.
6. We for the reason stated by the learned Single
Judge and for our own additional reason hold that the learned

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Single Judge is justified in setting aside the suspension order
dated 16.12.2022 and allowing the writ petition.
7. We find no merit in the appeal and the same is
dismissed.
8. The compliance of the order of the learned Single
Judge shall be made within a period of three months from today.
9. Pending application(s), if any, shall also stand
disposed of.


(V. Kameswar Rao, CJ)
(Partha Sarthy, J)
Bibhash/avinash
AFR/NAFR
CAV DATE N/A
Uploading Date 06.11.2026
Transmission Date