Big decision of Patna High Court. file photo
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Law correspondent, Patna. Making an important comment on the statutory process of departmental investigation, Patna High Court has ordered the reinstatement of the dismissed clerk in service. A single bench of Justice Bibek Chaudhary gave this verdict after hearing the civil writ petition 1051/2025.
Petitioner Pradeep Kumar Pandit, who was working as Additional Clerk in Goghri (Khagaria) Sub-Divisional Office, was dismissed from service in the year 2015 following departmental action in an alleged bribery case.
Vigilance police station case number 33/2014 was registered against him. He was later acquitted in the criminal trial on 4 September 2025.
Petitioner's advocate Rajeev Nayan argued in the court that neither any witness was produced during the departmental investigation nor the allegations were proved legally. Despite this, he was found guilty and removed from service.
Contrary to principles of natural justice: Court
The court clearly stated in its decision that in departmental proceedings it is necessary to prove the allegations on the principle of “balance of probabilities”, but for this also it is mandatory to present evidence.
He said that no employee can be held guilty merely on the basis of arrest or registration of FIR. The court observed that the investigating officer arrived at the findings without examining the witnesses, which is contrary to the principles of natural justice.
The court, while setting aside the dismissal order, directed that if the petitioners have not crossed the retirement age, they should be reinstated in service and provided all monetary and other benefits within three months.
High Court ban on special meeting called on no-confidence motion
Patna High Court has stayed the special meeting of no-confidence motion called against the head and deputy head of Asthawan (Nalanda) Panchayat Samiti.
A single bench of Justice Anil Kumar Sinha, while hearing the petition of Chief Rohit Kumar and Deputy Chief Vishnudev Singh, has directed the state government to file a reply within four weeks clarifying the situation.
Also notice has been issued to defendant numbers 6 to 26. The matter is related to the order issued on 19 February 2026 by the Executive Officer cum Block Development Officer of Asthawan, Nalanda, under which a special meeting was called on 27 February 2026 to consider the no-confidence motion against the Chief and Deputy Chief.
Advocate Dinu Kumar, on behalf of the petitioners, argued that under the Bihar Panchayati Raj Act, 2006, there is a clear procedure for calling a meeting on no-confidence motion. The chief has a provision of 15 days to decide the date.
If he fails, then only the Deputy Chief or one-third of the elected members can set the date. It was also argued that setting the date of the meeting by the Executive Officer within just ten days on the application given on 9 February 2026 is contrary to Section 44(3)(1) of the Act.
Advocates Ritika Rani and Vardaan Mangalam also appeared on behalf of the petitioners. The next hearing of the case will be after six weeks.
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