ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsels for the parties.

(2.) In the instant petition, petitioner has prayed for following reliefs:-

(3.) The petitioner was subjected to disciplinary proceedings under Rule 17 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 and it was concluded in holding the charges levelled against the petitioner were proved. On receipt of enquiring officer's report, the disciplinary authority proceeded impose penalty without resorting to furnish a copy of the enquiring officer's report and issuance of show cause notice as to why enquiring officer's reports shall not be accepted. The disciplinary authority imposed the penalty of censure and further withheld the salary of the petitioner for the unauthorized absent. The suspension period has not been notified while invoking Rule 97 of Bihar Service Code, although the petitioner has statutory remedy before the appellate authority. Rule 97 of Bihar Service Code reads as under: