SHOBH NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the learned Counsel for the State.

(2.) THE present writ application assails the order of punishment of censure and subsistence allowance only for the period of suspension as contained in Annexure 1 dated 10.8.1996 and the consequential order on the appeal/representation of the petitioner dated 7.3.1998 as contained in Annexure 12.

(3.) LEARNED Counsel for the petitioner submits that having been exonerated of the charges the impugned order of punishment came to be passed by the disciplinary authority without serving any notice to show cause setting out the reasons for tentative disagreement by the disciplinary authority with the report submitted by the Enquiry Officer alongwith the proposed punishment. The impugned order of punishment came to be passed straightaway in the background of the enquiry report exonerating him. This, he submits, is impermissible in law.