BACHCHAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER in this writ application is a Jail Clerk in the service of Government of Bihar. He seeks quashing of order dated 10.3.1989 passed by the Inspector -General of Prisons, Bihar, contained in memo No. 1677/J dated 14.3.1989 by which the punishment of stoppage of three annual increments of pay with cumulative effect has been awarded to the petitioner.

(2.) IN view of nature of grievance raised against the impugned order, it is not necessary in this case to take note of facts in detail. It is sufficient to note that according to respondents, petitioner was responsible for lapses on two counts while he was posted as a Jail Clerk at Bettiah, Accordingly, an explanation was asked for from the petitioner. According to respondents, the petitioner did not submit any explanation and thereafter through some sort of inquiry, he was found guilty of two charges and the impugned order was passed on that basis.

(3.) IN paragraph 7 as well as in some other paragraphs of the writ petition, the petitioner has pleaded that the impugned order contains a wrong statement that he was earlier under suspension and further no explanation was ever sought from the petitioner. His further case is that in law a detailed inquiry was required to be conducted after framing of charges which was never done and hence, the impugned order is against the principles of natural justice. In the counter -affidavit, the respondents have, asserted in paragraph 8 that the writ petitioner was asked to explain the charges levelled against him through a registered letter dated 19.8.1987. However, the respondents have not taken the stand that any departmental inquiry was ever conducted as required by the relevant service rules and clearly the impugned order has been passed in a manner which permissible under the service rules only for award of minor punishment.