RAJENDRA PRASAD KESARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Six charges were drawn up against the Petitioner for his act of omission and commission while being posted as an Executive Officer of Samastipur Municipality. The enquiry officer did not find him guilty on three counts but on three charges finding of guilt was recorded. After giving the opportunity of hearing to the Petitioner, punishment order came to be passed which is contained in Annexure-14 and is dated 10.5.2001. The punishments are censor for year 1996-1997, holding of one increment with cumulative effect, non-payment of salary for the period 1.1.97 to 5.4.2000 and the period in question was treated to be unauthorized leave.

(3.) With regard to the submission which has been made regarding the departmental enquiry there does not seem to be much substance in the submission not because of the findings recorded by the enquiry officer but due to the document which has been brought on record by the Petitioner himself. It is not a case that no charge could be made out against the Petitioner. Some of those findings have basis which may not amount to very serious misdemeanor and that is why the punishment of censor and withholding of only one increment with cumulative effect were passed.