DHARMENDRA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AC to GP 13 for the State through video conferencing.

(2.) The petitioner has filed the instant application praying for quashing the order dated 12.3.2019 passed by the Divisional Commissioner, Tirhut Range, Begusarai in Service Appeal no. 150 of 2018 whereby and whereunder the order of punishment passed by the District Magistrate-cum-Collector, Vaishali has been affirmed, for quashing the order contained in Memo no. 502 dated 19.5.2017 passed by the learned District Magistratecum-Collector, Vaishali whereby the punishment of reduction to lowest stage in time scale with non-cumulative effect for a period of three years as well as punishment of censure has been awarded to the petitioner in the departmental proceeding.

(3.) The facts in brief are that the petitioner while posted in the office of the Block Development Officer, Goraul was served with a show cause notice dated 22.1.2007 to the effect that although he was in judicial custody from 28.4.2005 to 5.5.2005 in West Bangal, however giving an incorrect certificate relating to his health he had hidden this fact. The petitioner was placed under suspension by order contained in memo no. 170 dated 20.2.2007. The petitioner filed his reply to the above show case and on 19.9.2007 also deposited the amount for the period that he had remained in custody. Subsequently, his suspension was revoked on 28.1.2008. Again by letter dated 27.10.2014 the petitioner was asked to file his show cause by another Conducting Officer to which he replied on 18.11.2014. Thereafter, the order of punishment contained in memo no. 502 dated 19.5.2017 was passed which was to the effect that in terms of Rule 14(i) and (iv) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (herein after referred to as 'the Bihar CCA Rules, 2005') the petitioner was put in lowest stage in time scale with noncumulative effect for the period of three years as also censure. The petitioner preferred an appeal but the same was rejected by the Divisional Commissioner, Tirhut Range, Begusarai by his order dated 12.3.2019.