LAWS(PAT)-2015-1-274

MUSTAF HAFIZUR RAHMAN SON OF ABDUR RAHMAN, RESIDENT OF VILLAGE MASNA, P.O. MASNA, P.S. RADHANAGAR, DISTRICT SAHEBGANJ (JHARKHAND) Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY

Decided On January 23, 2015
Mustaf Hafizur Rahman Son Of Abdur Rahman, Resident Of Village Masna, P.O. Masna, P.S. Radhanagar, District Sahebganj (Jharkhand) Appellant
V/S
The State Of Bihar Through The Principal Secretary Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner is aggrieved by the resolution dated 26.08.2013 (Annexure-28) issued under the signature of the respondent - Joint Secretary, Department of General Administration, Government of Bihar, Patna, whereby the petitioner has been visited with the punishment of stoppage of three annual increments with non-cumulative effect in terms of Rule 14 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (In short Rules, 2005 ).

(3.) Learned counsel appearing on behalf of the petitioner while assailing the impugned order/resolution has raised various points and has submitted that the impugned order is in teeth of the mandatory provisions of Rules, 2005. Therefore, according to him, the impugned resolution cannot be sustained in law.