SUBHASH SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS writ application is directed against the order as contained in annexure - 6 issued vide memo no. 1752 dated 26th October, 1999, whereby and whereunder his increment for six months was withheld which was equivalent to one black mark and the order as contained in annexure -8, whereby and whereunder the appeal filed on behalf of the petitioner has been dismissed.

(3.) IT is contended by learned counsel for the petitioner that the petitioner had absented from duty due to unavoidable circumstances and he was prevented by sufficient cause as he was hospitalised. It is further contended by learned counsel that in the departmental proceeding sufficient opportunities were not given to the petitioner nor copy of the enquiry report was served upon him before passing of the orders impugned. It is also contended by learned counsel that for difference of opinion the disciplinary authority was required to give an opportunity to the petitioner to represent his case, but that also was not done in utter violation of the principles of natural justice.