STATE OF BIHAR Vs. RATAN KUMAR SINGH

JUDGEMENT

(1.) The State of Bihar has preferred this appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the order dated 22.12.2009, passed by a learned Single Judge of this Court, whereby C.W.J.C. No. 15857 of 2009 (Ratan Kumar Singh vs. The State of Bihar and Others), has been allowed, and the order of punishment against the writ petitioner (the respondent herein), has been set aside.

(2.) A brief statement of facts essential for the disposal of this appeal may be indicated. The respondent herein (the writ petitioner) is a Junior Engineer in the services of the Bihar Government. A departmental proceeding had been initiated against him for acts of omission and commission with respect to discharge of his duties. After following the detailed procedure, the punishment of censure, and stoppage of promotion for the ensuing five years, was passed against him. He was denied salary except subsistence allowance for the period of suspension. His departmental appeal was dismissed on the ground of delay leading to C.W.J.C. No. 9218 of 2009, in this Court.

(3.) While assailing the validity of the order of the learned Single Judge, the learned Government Counsel submits that the impugned order passed by the learned appellate authority is not bereft of reasons. In any view of the matter, the learned Single Judge ought to have given a fresh opportunity by remitting the matter to the appellate authority for disposal in accordance with law.