LAWS(PAT)-2012-2-8

SHASHI NATH RAUT SON OF SRI RAGHUNATH RAUT Vs. STATE OF BIHAR THROUGH THE SECRETARY WATER RESOURCES DEPARTMENT GOVT OF BIHAR PATNA

Decided On February 01, 2012
SHASHI NATH RAUT SON OF SRI RAGHUNATH RAUT, R/O VILLAGE NAWKA TOLA, BARDGAON, P.S. BAGHA, DISTRICT WEST CHAMPARAN. Appellant
V/S
STATE OF BIHAR THROUGH THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. Respondents

JUDGEMENT

(1.) HEARD learned counsel for the State.

(2.) NO one appears on behalf of petitioners. This case was taken up on 21st December 2011. On that day, learned counsel for the petitioner was not present. The case was adjourned for a week. Thereafter again the case was taken up on 30th January 2012 but same thing repeated and ultimately case has been fixed for orders for delivering judgment to-day. Even to-day no one is present to represent petitioners.

(3.) AT present there is none to contest the order of punishment awarded to the petitioners. In this view of the matter, learned counsel for the State submitted that the decision making process cannot be faulted as petitioners were issued charge sheet, they gave reply, participated in the departmental proceeding, the enquiry report was submitted and on the basis of evidence found the petitioners were guilty of their respective misconduct and, accordingly, they were awarded the penalty looking to the gravity of charges. It is stated that the order of punishment is completely proportionate and it cannot be said to be arbitrary and against the law.