SRIMAN NARAYAN UPADHYAYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated 10-12-1991 passed by the respondent No. 3 Deputy Secretary, Minor Irrigation Department, Government of Bihar, Patna which in Annexure-8 to the writ application, whereby and whereunder the petitioner has been reverted to a lower time scale of pay of Rs. 1, 200-30-1, 800 being the scale of pay admissible to a Correspondence Clerk from the post of Selection Grade Senior Accounts Clerk in the scale of pay of Rs. 1, 500-50-2, 050-60-2, 750.

(2.) The fact of the matter lies in a very narrow compass. The petitioner was promoted to the post of Senior Accounts Clerk in the year 1973. A departmental proceeding was initiated against him in the year 1980. In the first departmental enquiry be was exonerated but allegedly another departmental enquiry was initiated against the petitioner. The charge against the petitioner inter alia was that he left the head quarters without permission.

(3.) The petitioner filed a show-cause denying the charges framed against him. The Enquiry Officer (Executive Engineer) held that the said charge has not been proved. The Superintending Engineer also agreed with the aforementioned finding of the Enquiry Officer. It was, however, found that although there were some mistakes in the accounts, the same were neither serious in nature, nor the petitioner's action in relation thereto was mala fide. The State of Bihar however, passed an order dated 14-9-1983 whereby a punishment for stoppage of two increments with cumulative effect was imposed to the petitioner.