AMARNATH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The short issue involved in the present writ application is that the petitioner was suspended on 25.2.1998 while he was posted as Warder in the Central Jail at Buxar. The memo of charges were served on him on 17.3.1999. Subject of the disciplinary proceeding was the allegation of negligence in duty resulting in the smuggling of materials to the jail which helped three inmates to escape. The Enquiry Officer having duly conducted the proceedings to which the petitioner makes no grievance arrived at a finding exonerating the petitioner as contained in Annexure-3 to the present writ application, after proper examination of witnesses etc. including the inmates who had allegedly escaped. The petitioner makes a grievance that in pursuance of the report of the Enquiry Officer the impugned order of punishment at Annexure-4 came to be issued straightaway visiting him with the punishment of being relegated to the basic post of Warder and stoppage of five increments with cumulative effect and payment of only subsistence allowance for the period of suspension.

(3.) A counter affidavit has been filed on behalf of the respondents. Para 3 of the counter affidavit would admit that the Enquiry Officer exonerated the petitioner of the charges levelled against him. Para 7 of the counter affidavit would reiterate his exoneration by the Enquiry Officer but would plead the justification for the order of punishment at Annexure-4 as the alleged report of the District Magistrate which indicated connivance and dereliction of duty on the part of the petitioner as specific justification for the respondents to arrive at the conclusion of guilt against the petitioner and the lack of necessity to issue a second show cause notice to him.