RAMADHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) FROM the list of charges which came to be drawn up against the petitioner and the evidence which came during the course of enquiry, the issue primarily related to the conduct of the petitioner amounting to financial misconduct of various kinds. In the garb of repair of vehicles, when he was the Transport Officer, all kinds of financial irregularities were committed, details of which were available in Annexure-1.

(2.) ENQUIRY Officer did find the charges to be true. The findings being what they are, the Commandant who happened to be the disciplinary authority imposed punishment of stoppage of increment for six months. This order is Annexure-6. In appeal, however, the appellate authority came to a considered opinion that the misdemeanour of the petitioner deserves a more serious punishment since stoppage of increment for six months was too light a punishment commensurate with the charges. Punishment of reversion for a period of one year came to be passed from the post of S.I. to that of Hawildar.

(3.) THERE is no time frame as such indicated in such a provision. Reasonable time frame can vary from facts to facts. It will be dependent upon the preponderances of evidence and material which had come during enquiry and the totality of the issues based on which the enhancement order was required to be passed.