NAGESHWAR PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE only issue in the present appeal is to the effect that the order on the writ petition, CWJC No. 2232 of 1995Sri Nageshwar Prasad Sinha V/s. The State of Bihar & Ors. needs clarification. It has been pointed out to the Court that under the Civil Services (Classification, Control and Appeal), Rules, 1930 of the Government of Bihar, Department of Personnel, in context, the punishment which has been awarded under Rule 49 in reference to sub clause (ii) of Rule 49 is not simultaneous punishment as withholding increment and withholding promotion both. The contention is that the State -respondents, on the pleadings on record, of the writ petition has attempted to justify the circumstances of punishment awarded by withholding of increment and promotion. The contention on behalf of the appellant is that the word used in sub -clause (ii), in context, is or. It is explained by learned counsel that if by some mis -understanding or otherwise in the bazar publication the word or may have been missing then it has taken effect to his detriment in so far as he is concerned. The Government publication was seen by the Court. The relevant clause reads : (ii) "withholding of increments or promotion, including stoppage at an efficiency bar". In the market publication instead of word or the word of has been used. This is clearly an error, a printers devil so to speak.

(2.) WITH this explained the punishment now could be in its variation either on withholding of the increment or promotion. It cannot be both.

(3.) TODAY , an affidavit has been filed. It is contended that punishment of increment is withdrawn. So be it. The balance which remains is on withholding of promotion for three years in the context of the present matter.