GIRIJANAND PRATIHASTA Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) THE petitioner assails the order at Annexure 5 by which he has been awarded the punishment of one black mark to be entered into his service book and that the period of suspension of 60 days be counted as earned leave. The petitioner also question the order at Annexure 3 by which the aforesaid punishment has been enhanced and he has been reduced to the minimum of the time scale of pay of Constable for three years.

(3.) THE law with regard to the procedure to be followed by the Disciplinary Authority in a case where the findings of the Enquiry Officer are in favour of the delinquent, but the Disciplinary Authority proposes to differ are by now well settled by the Apex Court in the case of 1998(7) SCC 84 (Kunj Behari Mishra vs. Punjab National Bank) reiterated in (1999)7 SCC 739 (Yoginath D. Bagde vs. State of Maharashtra).