SUJAY CHANDRA KISHORE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This writ application is directed against the order of punishment as contained in Annexure 9 and Annexure 11 dated 2.2.1998 and 29.1.1999 whereby and whereunder certain punishments have been imposed upon the petitioner in a departmental proceeding and appeal filed by the petitioner against the order of punishment has been dismissed, respectively.

(3.) It appears that the petitioner was proceeded against departmentally and he was put under suspension. However, subsequently the order of suspension was revoked and the matter was inquired into by the enquiry officer. The enquiry officer submitted his report saying that the charges have partially been proved against the petitioner. The disciplinary authority thereafter entrusted enquiry to a flying squad. The flying squad thereafter submitted its enquiry report saying that all the charges levelled against the petitioner have been substantiated and those are found to be proved. The disciplinary authority acted upon the first enquiry report and. also the enquiry report submitted by the flying squad and a show cause notice was given to the petitioner to explain. The petitioner, pursuant to that, filed his explanation as contained in Annexure 8 dated 25.1.1997 where he pointed out that in the first enquiry all the charges levelled against him were not found to be proved and so far the enquiry conducted by the flying squad was concerned, no opportunity whatsoever was given to him to explain the circumstances before the flying squad. The disciplinary authority, however, on the basis of two enquiry reports, held that charges were fully proved against the petitioner and consequently thereof the order of punishment as contained in Annexure 9 was issued.