AJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) A punishment order has been passed by the State Transport Commissioner, Bihar. The punishment is withholding of three increments with cumulative effect. This order is Annexure-1 and under challenge in the present writ application.

(3.) Learned Counsel representing the Petitioner submits that this order of punishment goes to root of the matter because the Transport Commissioner has no requisite authority to impose such punishment for disobedience of the order of transfer, placing the Petitioner's service at the headquarter in the circumstances that the State Transport Commissioner had issued a notification No. 7562 dated 11.7.1988 allowing absorption of the Petitioner as a clerk from the date of his deputation with the Magadh Regional Transport Authority at Gaya. This notification is Annexure-3 which clearly states that though the deputation of the Petitioner was in the capacity of a bill clerk but he was permitted to be absorbed as an assistant from the date of such deputation.