Dibesh Kumar Sharma vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.228 of 2023
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Dibesh Kumar Sharma son of Shiv Shankar Sharma, resident of Village-
Baghra, P.S.- Patori, District- Samastipur, at present posted as Assistant
Director, Head Quarter, Department of Social Welfare, Government of Bihar,
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Social
Welfare, Govt. of Bihar, Patna.
2. The Special Secretary, Department of Social Welfare, Government of Bihar,
Patna.
3. The Joint Secretary, Department of Social Welfare, Government of Bihar,
Patna.
4. The Director of Social Welfare, Department of Social Welfare, Government
of Bihar, Patna.
5. The Joint Director (HQ), Social Welfare, Directorate, Department of Social
Welfare, Government of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the State : Mr. Dr. Md. Raisul Haque ( SC-10 )
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 21-07-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for
setting aside the order passed by the Disciplinary Authority
dated 20.03.2020 contained in Memo No. 1939 (annexed as
Annexure- 25) issued by the Special Secretary, Department of
Social Welfare, Government of Bihar, Patna. Further for setting
aside the order passed by the Reviewing Authority dated
15.12.2020 contained in Memo No. 4516 (annexed as

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Annexure- 27).
3. Learned counsel for the petitioner submits that
the petitioner was working as Assistant Director, Child
Protection Unit, Muzaffarpur under the department of Social
Welfare. Counsel submits that during his service, he has been
served a show cause notice vide Memo No. 450 dated
04.06.2018 from the Director with allegation that in a social
audit report of basis team of Tata Institute of Social Studies
(hereinafter referred to as ‘TISS’) indicating harassment as well
as mental and physical exploitation of girl child of Balika Grih
(Remand Home), Muzaffarpur which was under the supervision
of the petitioner. But, in his earlier inspection report, the
petitioner has never mentioned regarding such incidents which
shows his dereliction of duties due to which the matter could not
be detected in time. Counsel submits that the said allegation
following the process of the departmental proceeding resulted
into the punishment order dated 20.03.2020 contained in Memo
No. 1939. He further submits that thereafter, the petitioner has
preferred review of the said order dated 20.03.2020 and final
order has been passed by the Reviewing Authority dated
15.12.2020 contained in Memo No. 4516. He submits that both
the orders i.e. the original order as well as the review order,

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have been challenged before this Hon’ble Court by virtue of this
writ petition. Counsel put emphasis that the Reviewing
Authority has not considered a single point which has been
mentioned in the review petition. He submits that the quasi
judicial review has to be taken care of primarily on three points
viz , violation of principles of natural justice, procedural
lapse/irregularity in the procedure and exorbitant punishment.
The petitioner has raised those points, but in the impugned order
passed by the Reviewing Authority, no such decision has been
taken and in a complete cryptic manner, the review petition of
the petitioner has been rejected.
4. Learned counsel for the State, on the other hand,
submits that reason has been assigned and it has been found that
there was no reasonable point raised by the petitioner and it is
due to this reason, his review petition was rejected.
5. After hearing the parties, it transpires to this
Court that the Reviewing Authority has not considered a single
point which is made by the petitioner at the time of
consideration of his review petition. It further transpires to this
Court that an evasive order has been passed. It is made clear that
the Reviewing Authority is a Quasi Judicial Authority and he
suppose to pass a reasoned and speaking order, which is

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completely lacking in the present case.
6. Therefore, under the aforesaid circumstances,
this Court hereby set aside the order passed by the Reviewing
Authority dated 15.12.2020 contained in Memo No. 4516
(Annexure- 27). The Reviewing Authority is hereby directed to
pass a fresh and reasoned order considering all the points raised
by the petitioner in the review petition. The petitioner shall be at
liberty to appear before the Appellate Authority/Reviewing
Authority within 30 days from today and the Appellate
Authority/Reviewing Authority is directed to take decision after
granting opportunity of hearing to the petitioner and then pass
final order within 90 days from the date of production of a copy
of this order.
7. Accordingly, with the aforesaid direction, this
writ petition stands disposed off.

(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 22/07/2026
Transmission Date NA