GANESH RAI @ GANESH ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for the State.

(2.) Annexure-9 is the impugned order by which, on conclusion of a departmental proceeding, petitioner has been inflicted with two punishments, namely, (i) one annual increment has been withheld without cumulative effect, and (ii) he shall not be entitled to any other payment of the period of his suspension except subsistence allowance.

(3.) It has been pleaded in the writ application and learned counsel for the petitioner asserts that before the impugned order was passed, petitioner was not given any separate show cause notice nor any copy of the enquiry report was served upon him, giving him any opportunity to file a reply to the same for consideration by the disciplinary authority. He also submits that petitioner was not paid even a single farthing as subsistence allowance during the period of his suspension which vitiates the entire enquiry. He lastly submits that for withholding payment of full salary of suspension period, a separate second show cause notice is required as held by the Division Bench of this Court in the case of Sri Mahabir Prasad vs. The State of Bihar,1988 PLJR 82 , and in the case of Dinesh Prasad vs. The State of Bihar, 2006 4 PLJR 514 .