STATE OF BIHAR Vs. SURENDRA PRASAD

JUDGEMENT

(1.) Feeling aggrieved by the common judgment and order dated 5th October 2012 passed by the learned single Judge insofar as C.W.J.C. No. 16979 of 2011 is allowed and the show cause notice dated 21st April 2009 is quashed, the respondent State of Bihar has preferred this Appeal under Clause 10 of the Letters Patent.

(2.) The respondent Surendra Prasad (hereinafter referred to as the writ petitioner?), then an Executive Engineer, Road Construction Department approached this Court under Article 226 of the Constitution in above C.W.J.C. No. 16979 of 2011 to challenge the order of punishment dated 23rd August 2011.

(3.) On 23rd November 2006, a disciplinary proceeding was initiated against the writ petitioner, then an Executive Engineer in National Highway Division, Bhagalpur. It was alleged that the writ petitioner was negligent in performing his duty in not making any attempt to restore the pontoon bridge over Gerua river connecting Bhagalpur and Kahalgaon after it was washed away in the rain and floods on 25 th September 2006.