Bihar HC Sets Aside Co-operative Officer’s Five-Increment Penalty Over Missing Second Show-Cause, Orders Fresh Decision Within 60 Days

The petitioner, a Co-operative Extension Officer, was proceeded against for alleged misconduct arising from his tenure as Circle Officer, Parihar.

A disciplinary proceeding followed, and the Registrar imposed censure and stoppage of five increments without cumulative effect; the order was later modified twice.

The appellate authority dismissed the petitioner’s appeal.

He challenged the punishment and appellate orders, contending, among other things, that no second show-cause notice had been issued before the final punishment order.

The State submitted that the punishment was minor and that the petitioner had been found guilty by the Conducting Officer.

Rule 19 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 governs the procedure for minor penalties. It requires notice of the proposed action and imputations, an opportunity to make a representation, consideration of that representation and any inquiry record, and findings on each imputation.

Where the disciplinary authority considers an inquiry necessary and proceeds under Rule 17, the procedure prescribed by Rule 17 must be followed; the Court held that Rules 17(23) and 18 required a second show-cause notice before the final order in the circumstances of this case.

No judicial precedent was cited.

The Court accepted that a second show-cause notice is not invariably required for every minor penalty under Rule 19.

However, the State’s reliance on the Conducting Officer’s finding showed that the punishment was based on the inquiry report.

Since the disciplinary authority had proceeded on that basis, it was required to follow the applicable Rule 17 procedure, including the second show-cause notice requirement identified by the Court.

The failure to issue that notice amounted to a procedural violation.

It directed the competent authority to issue a second show-cause notice and pass a fresh order within 60 days, taking into account the relevant prior writ and LPA orders.