AJAY RANJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant petition, petitioner has prayed for the following reliefs:-

(2.) Petitioner was subjected to disciplinary proceedings on certain six charges. The inquiring officer held that the charges leveled against the petitioner were not proved. On receipt of inquiring officer's report, the disciplinary authority should have accepted or rejected the report, if the disciplinary authority disagreed with the inquiring officer's report. On the other hand, the disciplinary authority proceeded to impose penalty "that the delinquent should understand the importance of job in future" and further he is entitled to subsistence allowance for the suspension period. Feeling aggrieved by the aforesaid penalty order, petitioner has presented this petition.

(3.) Learned counsel for the petitioner submitted that the inquiring officer held that all the six charges framed against him were not proved. Therefore, imposition of penalty in the absence of show cause notice is not warranted and it is liable to be set aside. Further, it is submitted that when the charges were not proved in inquiry in such circumstances treating the intervening suspension period only to subsistence allowance is illegal and arbitrary.