SUNIL KUMAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) With the consent of the learned advocates, the Appeal is heard and is decided today. Re. Interlocutory Application No. 1825 of 2012. The delay of 251 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re, letters Patent Appeal No. 309 of 2012. Feeling aggrieved by the order dated 10th May 2011 made by the learned single Judge in CWJC No. 11757 of 2006, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.

(2.) The appellant, a Clerk in the Office of the Circle Officer, Kudra, District - Kaimur, Bhabhua, the respondent no. 3 herein, has been, by order dated 22nd March 2003 made by the District Collector, Kaimur, Bhabhua, visited with punishment of withholding of one increment with future effect. The challenge to the said order in CWJC No. 11757 of 2006 has failed before the learned single Judge. Therefore, this Appeal.

(3.) Learned advocate Mr. Amarendra Kumar has appeared for the appellant. He has submitted that punishment of withholding of an increment with future effect is a major punishment; such punishment could not have been imposed without holding proper disciplinary proceeding. In the present case, the impugned order of punishment was made without initiating a disciplinary proceeding against the appellant. The learned single Judge has erred in holding that the punishment in question is a minor punishment.