LAKSHMI NARAYAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner at the relevant time was Executive Engineer in the Road Construction Department. He has been punished in a departmental proceeding by stoppage of two increments with cumulative effect and censor. There is counter affidavit and a rejoinder thereto. Heard the parties and with their consent, the writ petition is being disposed of at this stage itself.

(2.) Learned counsel for the petitioner states that when the enquiry report was submitted wherein only one of the charges was partially found sustainable and the disciplinary authority chose to differ with the enquiry report, it was incumbent upon him to give reasons for the same and communicate the same to the petitioner. This not having been done vitiates the disciplinary proceedings and consequently the punishment order. He submits that even otherwise if one looks to the charge that has been held to be partially proved, the findings of the Inquiry Officer can be said to be perverse, inasmuch as, it has no basis for the aforesaid. Similar is the case when ultimately the disciplinary authority finds the petitioner guilty and punishes.

(3.) Mr. Tej Bahadur Singh, learned AAG-VII on the other hand submits that there is no procedural infirmity in the departmental proceedings and this Court should not go into the factual matrix.