MD. QUAMRUL HODA Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) A counter affidavit has been filed on behalf of the State, however, it is not stated therein that any show cause with regard to the provisions under Clauses (3) and (5) of Rule 97 of the Bihar Service Code was ever issued upon the petitioner.

(3.) In above view of the matter I would have no difficulty in following the line of the decisions rendered by this Court as discussed above and holding that the aforesaid lacuna on the part of the State authorities would be fatal and would vitiate the order of punishment so far it is related to withholding the salary of the petitioner during the period of suspension and allowing subsistence allowance only.