RLAM KESHWAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the counsel for the State.

(2.) THE present writ application has been filed for quashing Annexure -1, the Notification, issued by the State Government, Road Construction Department dated 27.9.2002, whereby and whereunder punishment has been awarded to the petitioner, after conclusion of the departmental proceeding.

(3.) THE petitioner is aggrieved by the same on two counts; firstly once the Enquiring officers in his report exonerated him and if the Disciplinary Authority had decided to differ with the same he should have assigned the reasons for the same and provided him (the petitioner) an opportunity to show cause and only after considering the same any order could have been passed and secondly it has been argued that even if a minor punishment has been awarded as to whether in view of one of the punishment being withholding anything except subsistence allowance for the period he was under suspension, whether in view of Rule 97 of the aforesaid Rules show cause was required to be given to the petitioner or not and if the same was a necessary requirement, the whole order impugned stood vitiated.