GYAN KUMAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, then a Block Development Officer, was charge sheeted for negligence in duty.

(2.) It was alleged that while the petitioner was posted as the Block Development Officer under the Divisional Commissioner, Koshi Pramandal, Alamnagar Block, Madhepura, in the month of September 2008, the Block was badly hit by floods in Koshi river. At that time the petitioner absented himself from service and had thus neglected his duty. The action/inaction of the petitioner amounted to dereliction in duty and lack of devotion to duty. An additional charge was also framed that during the period of suspension, the petitioner did not remain present at the Headquarter. After due enquiry, the three charges of remaining absent from duty; of dereliction in performing duty and of not remaining present at the Headquarter were held to be proved. For the aforesaid guilt proved against the petitioner, under the Government Resolution dated 19th May 2011, he has been visited with punishment of withholding of four increments with cumulative effect and the period of suspension is treated as such. The petitioner has not been allowed the service benefits except the subsistence allowance for the period spent under suspension. Therefore, this petition.

(3.) Learned Advocate Mr. Mohan Kumar Singh has appeared for the petitioner. Mr.Singh has submitted that the finding of guilt recorded against the petitioner is unsustainable. During the period of flood, the petitioner had suffered injury. The petitioner, therefore, could not report for duty. In support thereof, the petitioner had produced medical record. The said medical record has not been considered by the disciplinary authority. He has also assailed the finding of guilt in respect of leaving the Headquarter during the period of suspension. He has submitted that although the petitioner was present at the Headquarter, he was not allowed to sign the muster. The reply to the show cause notice submitted by the petitioner has not been considered by the disciplinary authority.