DADAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) At the time when the departmental proceeding was initiated against the petitioner, he was posted as Junior Engineer at Garhani, under the Road Sub-division, Piro which comes under the Shahabad Road Division, Ara. The petitioner was suspended on 01.12.2005 and thereafter a departmental proceeding was initiated against the petitioner. The enquiry report is at Annexure-4 to the writ application which indicates that there were six charges against the petitioner. The Enquiry Officer has come to the conclusion that the petitioner was not guilty of any of the six charges.

(2.) The petitioner is aggrieved by Annexure-1 which despite the fact that the petitioner was not found guilty of any of the charges, he has been inflicted with minor punishments. It is submitted that if the disciplinary authority had decided to punish the petitioner by inflicting even minor punishments, the second show cause ought to have been served on the petitioner or at least the disciplinary authority should have given reasons for differing with the enquiry report.

(3.) It is apparent on perusal of Annexure-1 that no reasons have been assigned for differing with the enquiry report and punishment has been inflicted on the petitioner.