RAMKESHWAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner was an Executive Engineer in Road Construction Department. A show cause notice was issued to him with respect to misconduct. On the submission of the show 2cause /1/2013 order Page 170of Rama Shankar Singh Versus State Of Bihar punishment contained in notification dated 10,1.2000, annexure 1, was passed. The punishment awarded was stoppage of three annual increments with cumulative effect. The order, annexure 1, has been challenged in this writ petition on the ground that no regular proceeding was initiated against the petitioner and the punishment awarded being major one would affect his entire service career.

(2.) A counter affidavit has been filed on behalf of the respondents wherein stand has been taken that show cause notice was issued to the petitioner. The petitioner filed representation/show cause. On consideration of the show cause/representation the disciplinary authority has passed the order, annexure 1, withholding three annual increments with cumulative effect.

(3.) ON consideration as discussed above, it appears to me that the order, annexure 1, cannot be upheld. Accordingly it is quashed and the writ petition is allowed. The petitioner will be entitled to consequential benefits.