UMESH CHANDRA DWIVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Counsel for the parties. This writ application is directed against the order, as contained in Annexure 1, whereby and whereunder a decision was taken by the disciplinary authority for compulsory retirement of the petitioner by way of punishment.

(2.) IT is submitted by learned Counsel for the petitioner that the petitioner by virtue of the order, as contained in Annexure 4 dated 9th November, 1999 joined at Darbhanga on his transfer from Aurangabad on the post of Supply Inspector. While the petitioner was working on the post of Supply Inspector at Darbhanga, he was directed to discharge, his duties as Supply Inspector for Kiratpur and Ghanshyampur Blocks and! in the meantime, a departmental proceeding was initiated against the petitioner vide order, as contained in annexure 9 dated 21st June, 2002 for the charges that the petitioner performed his duties at Kiratpur and Ghanshyampur Blocks by remaining at Darbhanga and further oni the; Charge that he absented from duty from 17.1.2001 to 24.1.2004. Articles of charges thereafter were served upon the petitioner, which he replied stating therein mat since he was not relieved finally from Darbhanga nor he was transferred from Darbhanga to other Blocks, as referred to above, and he discharged his duties in two Blocks or was deputed in addition to work at Darbhanga and further he absented for few days on account of death of his father.

(3.) IT is further submitted by learned Counsel for the petitioner that from the departmental proceeding, it would be manifest that the petitioner was never finally relieved from the post of Supply Inspector from Darbhanga and he remained incharge of Kiratpur and Ghanshyampur Blocks as well. It is also submitted by learned Counsel for the petitioner that there is no charge against ilu1 petitioner to the effect that he did not discharge his duties at Blocks level where he was deputed.