ABUL WAFA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE order, as contained in annexure 5 is under challenge, whereby and whereunder the petitioner has been punished in a departmental proceeding and two of his increments have been withheld with cumulative effect and directions have been issued to make such entry in his service book.

(3.) IT is submitted by learned counsel for the petitioner that though the petitioner was transferred by notification dated 30th June, 1998, he was not relieved by the superior authorities and, therefore, he could not join the transferred post in time. It is further submitted that the inquiry officer came to a conclusion that since the petitioner was not relieved by the authority, he could not join the post. However, the petitioner was relieved on 4.9.1999. The inquiry officer, therefore, suggested that the Superintendent of Education, Giridih, and Area Education Officer were also responsible and, as such, the inquiry officer suggested to take a lenient view in the matter and to relieve the petitioner from suspension after stern warning. It is also submitted that punishment imposed upon the petitioner vide order, as contained in annexure 5, appears to be disproportionate to the guilt and finding of the inquiry officer.