STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA Vs. RAMAYAN RAM S/O LATE SUGRIV RAM

JUDGEMENT

(1.) This Appeal preferred under Clause-10 of the Letters Patent arises out of the judgment and order dated 18th November,2009 passed by the learned Single Judge in CWJC No. 14565 of 2009.

(2.) With the consent of the learned counsel for the parties, this appeal is heard and decided today.

(3.) A disciplinary proceeding was initiated against the respondent, an Executive Engineer in the State of Bihar, for constructing three spans culvert, which was not adequate considering the width of the river. The culvert was found to be a wastage. The imputation of charge was contested by the respondent-delinquent. Against the charge-sheet the delinquent submitted his reply. After receipt of the reply a regular disciplinary proceeding was held against the delinquent. After holding the inquiry, the enquiry officer opined that the charges levelled against the delinquent were proved. The finding of guilt recorded by the enquiry officer was accepted by the disciplinary authority. By order dated 17th June, 2009 made by the State Government the delinquent was visited with the punishment of withholding of three increments with cumulative effect and recovery of Rs. 1,00,000/- in ten equal installments.