RADHEY SHYAM PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application has been filed for quashing the order No. 14 dated 25.1.2002 issued by the Water Resources Department, Government of Bihar under the signature of Respondent No. 3, Deputy Secretary, Water Resources Department, Government of Bihar, whereby and where under the Petitioner has been awarded the punishment of censor to be recorded in his character roll of 1990 -2000 and stoppage of. promotion for five years from the date the same was due. The aforesaid order has been passed after culmination of a departmental proceeding under Rule 55 of Civil Services (Classification, Control and Appeal) Rules, 1930 (hereinafter to be referred to as &aposthe Rules&apos).

(2.) THE short facts of the present case is tha t the Petitioner who is an Assistant Engineer (M) and was posted in Electrical Sub -division Mandal (Palamu) on 2.8.1997 and continued there till

(3.) HOWEVER , in view of the report of Chief Engineer (M), by resolution No. 1102 dated 27.8.1999 a departmental proceeding was initiated against the Petitioner under Rule 55 of the Rules. After conclusion of the proceeding and considering the report of the Conducting Officer, the enquiry report was submitted and vide Annexure -13 a second show cause was also called for from the Petitioner as to why the proposed punishment be not awarded to him. The second show cause was filed by the Petitioner as contained in Annexure -15. After considering the second show cause pursuant to Annexure -14 a punishment of censor has been awarded to the Petitioner as contained in Annexure -1.