CHANDRA BILAS SHARMA Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) This writ application has been filed for quashing the punishment order vide memo No.1808/Est. dtd. 30/9/2011 issued by the respondent No.2 by which the respondent No.2 has awarded the punishment withholding one increment with cumulative effect.

(3.) Learned counsel for the petitioner submits that when the petitioner was in service, the respondent No.3 had issued a letter vide Memo No.28 dtd. 12/4/2007 to produce all the documents of the Alamganj Panchayat within 24 hours. The petitioner has submitted his reply on 27/4/2007.Thereafter, the petitioner was transferred vide memo No.1176 dtd. 10/7/2007 from Paraiya Block to Dumariya Block. Thereafter, the transfer of the petitioner was stayed by the competent authority. All of a sudden the petitioner had received Prapatra-"K' (charge memo) vide Memo No.2270 dtd. 28/12/2007 and thereafter the respondent No.2 had issued a charge memo against the petitioner and the petitioner has received the same on 16/1/2008. In the meantime, the petitioner has been superannuated from the service on 28/2/2009. Thereafter, the petitioner has received the letter from the conducting officer dtd. 3/12/2010 (which is after his retirement) which suggests that no date was fixed on 30/12/2010 and the respondent No.3 also directed the petitioner to file his reply to the show cause within the aforesaid period. The petitioner, after receiving the aforesaid letter, has submitted his reply on 28/12/2010.