DEVENDRA ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petition has been filed for quashing the order dated 25.6.2001 issued by the Administrator, respondent no. 4, whereby the petitioner has been relieved from the work of Chief Accounts Officer and asked to supervise the work of entry of tax in tax fixation register which is being made in different offices and further he was asked to hand over charge of the Chief Accounts Officer to respondent no. 6, Annexure -1.

(2.) THE relevant facts of the case are that the petitioner was posted as Chief Accounts Officer in Patna Municipal Corporation. A disciplinary proceeding was initiated against the petitioner. The Inquiry Officer submitted his report. The disciplinary authority on submission of enquiry report dropped the proceeding. However, the State Government in exercise of power under Rule 34 of Rules of Appointment etc. of the employees of Patna Municipal Corporation directed the Administrator to send the entire records of the proceeding. Pursuant to the said direction record of the proceeding was sent to the authority of the State Government and after examining the record including enquiry report some of the charges were found to have been established and as such directed to issue second show -cause notice to the petitioner. Accordingly, a second show - cause notice has already been issued, however, no final order has been passed and the order, Annexure -1, has been issued. The petitioner has thus come before this Court for quashing the order, Annexure -1.

(3.) A counter -affidavit has been filed on behalf of respondents wherein it has been stated that the order, Annexure -1, is not by way of punishment nor the order, Annexure -1 can be taken as, in any way, posting of the petitioner on lower post. There is no pecuniary loss to the petitioner rather he has been assigned a very important work and it is in the interest of public. Entrustment of such important work cannot be said to be penal in any way rather it is just and proper in the interest of Corporation.