BRAJENDRA KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sanjeev Kumar Mishra, learned counsel for the petitioner and Mr. J.P. Karn learned Additional Advocate General appearing on behalf of the State of Bihar and its official respondents. At the relevant time, the petitioner was posted as Touring Veterinary Officer (Mobile), Animal Husbandry, Central Range, in the Veterinary Hospital, Bankipur, Patna. A departmental proceeding was initiated against him for being a party to issuing orders of transfer of some fake Class IV employees from one place to another. In this manner, as per the charge-sheet the petitioner along with others attempted to absorb fake employees as regular employees through the instrument of transfer. After the enquiry, the Enquiry Officer submitted his report. As regards the petitioner, the Enquiry Officer held that normally Class IV employees were not transferred and if at all there was any need for transfer of such employees, there had to be a recommendation by the Controlling Officer. In the present case, however, the transfer applications of the fake employees were entertained directly and the petitioner failed to draw the attention of the members of the Establishment Committee in entertaining such application of transfer. The employees who were transferred were not appointees under the Government at all.

(2.) Learned counsel for the petitioner submits that what has been found to be proved by the Enquiry Officer, cannot be said to be a misconduct for the purpose of imposition of punishment and the order of punishment is, therefore, bad in law.

(3.) By the impugned order dated 30.4.2003, the only punishment which has been imposed against the petitioner is stoppage of one increment without cumulative effect. The impugned order however, stipulates that the petitioner will not be entitled for any salary for the period during which he remained under suspension over and above what was paid to him as subsistence allowance.