PATNA, India, Aug. 19 -- Patna High Court issued the following judgment on July 21:
Heard the parties.
2. The petitioner is aggrieved with the order as contained in Letter No. 25/017-940 dated 28.02.2018 passed by the then Chairman, Bhoodan Yagna Committee, Patna, whereby he has been inflicted with the punishment of dismissal from service. The petitioner also seeks quashing of the order as contained in Letter No. 10 Kha/014-841 dated 28.11.2014 issued by the then Chairman, Bhoodan Yagna Committee, whereby the petitioner was placed under suspension with effect from 27.11.2014 and directed him to hand over the charge of his office to one Shri Ram Narayan Lal Karn, Office Secretary, Bihar Bhoodan Yagna Committee.
3. The materials available on record highlighted the history and establishment of the Bihar Bhoodan Yagna Committee, which is a creation of the State established under the Bihar Bhoodan Yagna Act, 1954. The very object of the Act, 1954 was to facilitate the donation of lands in connection with the Bhoodan Yagna initiated by Shri Acharya Vinoba Bhave and to provide for the settlement of such lands with landless persons or with a village community, Gram Panchayat, or with a Co-operative Society organised by the Bhoodan Yagna Committee. Bhoodan Yagna initiated by Shri Acharya Vinoba Bhave was meant to provide for the settlement of such lands with landless persons or with a village community, Gram Panchayat or with a Co-operative Society organised by the Bhoodan Yagna Committee. The Chairman of the Bihar Bhoodan Yagna Committee is to be appointed by the Cabinet of the Government of Bihar and he is the highest authority under the Bhoodan Yagna Committee and his order is said to be final and there is no provision of appeal. Bihar Bhoodan Yagna Committee established by the State Government has been declared to be a body corporate and shall have perpetual succession and a common seal with power to acquire, hold and dispose of property; both movable and immovable, and shall by the said name, sue and be sued.
4. In the aforesaid premise, the Committee falls under the definition of the State as defined under Article 12 of the Constitution of India. Section 24 of the Bihar Bhoodan Yagna Act, 1954, the power is vested with the Committee to make regulation for the matters mentioned therein, including the matters for appointment of officers and staff of the Committee. In exercise of such power a Regulation was also framed and approved in the meeting of Bhoodan Yagna Committee in 17th May, 1960.
5. The petitioner at the relevant time, in the year 2014, holding the post of Office Secretary (Karyalay Mantri) was directed to submit the original Gift Deeds (dan patra), Original Certificates and Confirmation Register in relation to Bhojpur district Bhoodan land before the head office of the Bihar Boodan Yagna Committee for its digitization. On receipt of the communication, as contained in Annexure-2 to the writ petition, the petitioner made a request to authorise any person to receive the required documents. In pursuant thereto, one Yugal Kishore Verma was authorised; since the list of the documents were not prepared the required documents could not be handed over to the authorised persons leading to issuance of letter dated 06.08.2014 by the Chairman of the Committee with a clear instruction to get the list of the documents duly prepared and hand over to the authorised persons. Finally, all the required documents, as was directed by the Chairman, was handed over to the authorised persons and they took away all such required documents.
6. In course of handing over of the documents since the authrorised person noted in the file that they were taking charge to the aforesaid documents, the same was objected by the petitioner to the extent of using the term of 'taking charge'. This incidence led to issuance of show cause notice dated 08.09.2014 (Annexure-8) directing the petitioner to file his explanation as to on what basis the petitioner has apprehended wrongful use of documents at the level of the Chairman. It is made clear that if the explanation of the petitioner shall not be found satisfactory, disciplinary proceeding may be initiated against him. In response thereto, the petitioner immediately responded on 17.09.2014 and requested to grant sufficient time for submitting the detailed show cause. Subsequently a detailed show cause was submitted on 26.11.2014, copy of which is marked as Annexure-9/A. The petitioner in his reply explained the pitiable condition of the Bhoodan's employees and sorry state of affairs prevailing in the Committee, apart from the financial constraint, suppression and oppression of dedicated and honest employee including the petitioner.
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