ANANT KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

(2.) The present writ petition has been filed for quashing the order dtd. 24/10/2018 passed by the Commandant, BMP-15, Valmikinagar, Bagaha camp-BMP-6, Muzaffarpur, whereby and whereunder the petitioner has been inflicted with the punishment of withholding of increment for six months. The petitioner has also prayed for quashing of the order dtd. 25/5/2019 passed by the Deputy Inspector General of Police, Military Police, Northern Zone, Muzaffarpur, whereby and whereunder the appeal of the petitioner has been rejected.

(3.) The brief facts of the case are that the petitioner had taken leave of nine days from 11/6/2018, for taking his daughter to Delhi to get her admitted in a coaching institute and he was supposed to join duty on 21/6/2018 but on account of certain unavoidable circumstances, the petitioner found that he would not be able to join his duty on 21/6/2018, hence he submitted a representation before the Commandant, BMP-15, Valmikinagar on 19/6/2018 by E-mail and requested him to extend the leave by a further period of 15 days. It appears that the representation of the petitioner dtd. 19/6/2018 was not put up immediately and could be put up before the competent authority only on 22/6/2018. The petitioner had then joined his duties on 6/7/2018 after overstaying for 15 days. The disciplinary authority had then framed charges against the petitioner on 8/8/2018 and a departmental proceeding was initiated against the petitioner. The Enquiry Officer had then submitted enquiry report dtd. 8/10/2018, wherein the charge leveled against the petitioner of over-stayal for 15 days was been found to have been proved. Thereafter, the disciplinary authority, vide order dtd. 24/10/2018, had inflicted punishment of withholding of increment for six months as also it was directed to forfeit the salary of 15 days pertaining to the period of over-stayal. The petitioner had then filed an appeal before the DIG, Military Police, Northern Zone, Muzaffarpur, however, the same was rejected vide order dtd. 25/5/2019.