VIJAY SHANKAR SHRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the parties and considered the counter affidavit filed on behalf of the State.

(2.) This writ application is directed against the order of punishment imposed upon the petitioner by annexure 12 dated 7-12-1998, whereby and whereunder the petitioner has been punished with reduction in rank to his basic scale with adverse effects to salary increments and future promotions and direction has already been issued to recover the excess amount paid to the petitioner.

(3.) Learned Counsel appearing on behalf of the petitioner assails the order impugned mainly on the ground that though the punishment imposed upon the petitioner was major in nature, no opportunity, whatsoever, was given to him to defend himself. It is submitted by learned Counsel appearing on behalf of the petitioner that initially preliminary show-cause notice was given to the petitioner in the departmental proceeding to explain his conduct and on submission of the show-cause by the petitioner, the authorities without inquiring into the matter submitted charge-sheet against the petitioner and the petitioner replied the same. It is further submitted that the petitioner earlier had come to this Court against the order of suspension and this Court disposed of the aforesaid writ application vide order, as contained in annexure 6 quashing the order of suspension and directed the authorities to conclude the departmental proceeding preferably within a period of three months from the date of receipt/production of a copy of that order and the authorities pursuant to the direction of this Court concluded the proceeding and passed the order of punishment without affording him an opportunity of hearing.