RENU KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties and considered the counter-affidavit filed on behalf of the respondents.

(2.) This writ application is directed against the order dated 17-4-2000 issued vide Memo No. 3294 as contained in Annexure 1 whereby and whereunder the petitioners have been punished by withholding their three annual increments with cumulative effect.

(3.) It appears from the pleadings of the parties that all these four petitioners initially were put under suspension vide order as contained in Annexure 2 dated 10-1-2000 as they were found absent from the school on surprise inspection made by the District Magistrate, Patna. Formal show cause notices were issued to the petitioners and the authorities considering their show cause, passed the order impugned as contained in Annexure 1. Learned counsel for the petitioners submitted that no departmental proceeding was initiated against the petitioners nor the charges were served upon them for which they have been found guilty and, therefore, the order impugned as contained in Annexure 1 is not sustainable in law.