PRATAP NARAYAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is an Assistant teacher in a High school. During the last assembly elections, he was nominated as the Presiding Officer of Booth no. 59 of 187 Suryagarha Assembly constituency. At the end of the poll the petitioner showed in his records the casting of 530 ballots but in the ballot box, 579 ballot papers were found which gave rise to much confusion and caused considerable embarassment to the officials responsible for holding the election. According to the respondent authorities, the petitioner admitted that some error was committed by him and he was put under suspension.

(2.) IT appears that a departmental enquiry was held and following the recommendations made by the enquiry officer the Dist. Magistrate cum Dist. Electoral Officer, Lakhisarai passed an order, dated 17.10.2000 (Annexure 1) whereby he gave to the petitioner the punishment of withholding of one annual increment with non -cumulative effect and directed that for the period of suspension, the petitioner will not be entitled to anything beyond the subsistence allowance.

(3.) THIS writ petition has been filed challenging the order of punishment passed by the Dist. Magistrate cum Dist. Electoral Officer.