KAMLESHWARI PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) MERELY because the petitioner may have filed the writ petition while trying to avoid provision of the Bihar and Orissa Subordinate Services (Discipline and Appeal) Rules, 1935 is no reason for this court in Letters Patent Appeal to examine the issues on merits whether the penalty of withholding increments or for that matter recovery from pay, as punishments should be visiting the petitioner. The competent authority has given punishment on these two aspects. The petitioner could have filed an appeal under Rule 4. Rule 4 is reproduced: "Every member of a Subordinate Service (including temporary Government servants and officers on probation) shall be entitled to appeal to the authority immediately superior to the authority which passed an order - (a) imposing upon him any of the penalties specified in Rule 2; (b) terminating his appointment otherwise than on the expiry of the period of his appointment or on his reaching the age of superannuation."

(2.) THE aspects on which the appeal may be filed is given in Note 2 of Rule 2. Sub -clause (ii) of Note 2 refers to the award of punishment for withholding of increments. Sub -clause (iii) of Note 2 refers to recovery from pay or the whole or part of any pecuniary loss caused to Government.

(3.) THE appeal is dismissed.