SURESH NANDAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Manoj Priyadarshi, learned counsel for the petitioner. No one has appeared on behalf of the State in spite of repeated calls.

(2.) THE petitioner is aggrieved by the order dated 27.11.2001 (Annexure-13) whereby a sum of Rs. 39,491/- has been directed to be recovered from the salary of the petitioner by way of punishment, resorting to the procedure prescribed under Rule 55A of the Civil Services (Classification, Control & Appeal) Rules, for imposition of minor penalty, with respect to an occurrence which had taken place on 27.10.1988, when the petitioner was posted as Executive Engineer, Irrigation Department, Manjhaul.

(3.) I am of the view that the impugned order is fit to be set aside on three counts. Firstly, the order on the face of it shows no application of mind and it does not discuss at all the explanation put forth by the petitioner in reply to the show-cause notice. Secondly, the contents of the charge as contained in Annexure-11 do not make out any misconduct to attract disciplinary action of imposition of any punishment. Thirdly, the action is fit to be set aside also on the ground of the charge being stale.