ARUN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER was then working as Ameen and posted at Muzaffarpur. A proceeding was initiated against him for his misconduct. Charges were framed and furnished to him. Subsequent thereto a punishment order was passed reverting the petitioner to the lowest scale to which he was entitled as Ameen. The petitioner challenged the said punishment order by filing CWJC No. 2536 of 2004. In the counter affidavit filed to the said writ petition it was contended that after completion of the enquiry proceedings enquiry report was submitted to the Disciplinary Authority and thereupon a second show cause was issued and, ultimately, the punishment order was passed. It was contended by the petitioner that there is no such enquiry report as the same was never furnished and no second show cause notice was issued. The Court, as a fact, found that no enquiry report was furnished to the petitioner and at the same time no second show cause notice was given to the petitioner which suggests that no enquiry was held. The court, thus, quashed the punishment order.

(2.) SUBSEQUENT , thereto a charge -sheet was issued wherein it was held out that the petitioner, when he was working at Jamshedpur, absented from duties unauthorisedly. Petitioner gave a reply thereto and without holding any enquiry a major punishment order has been passed against the petitioner once again lowering him to the lowest scale to which he was entitled as Ameen. The present writ petition has been filed challenging the said order.

(3.) THE rules governing the service condition of the petitioner directs that a full -fledged enquiry must be held when it is decided to impose a major punishment. There is no dispute that a major penalty has been imposed but without holding any enquiry.