MAHADEO RAM Vs. STATE OF BIHAR; COMMISSIONER , KOSHI DIVISION , SAHARSA ; DISTRICT MAGISTRATE, SUPAUL ; DEPUTY DEVELOPMENT COMMISSIONER, SUPAUL ; SUB DIVISIONAL OFFICER, SUPAUL; DEPUTY COLLECTOR, ESTABLISHMENT , SUPAUL; CIRCLE OFFICER, CHHATAPUR BLOCK, DISTRICT - SUPAUL

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 21.12.2013 passed by the Commissioner, Koshi Division, Saharsa in Service Appeal No. 485 of 2013 whereby the appeal has been dismissed and the order imposing penalty passed by the District Magistrate, Supaul bearing memo No.1318 (2) dated 14.9.2012 has been confirmed. The order of penalty visits the petitioner with the punishment of reduction in pay scale at the initial stage of Rs. 5200-20200 with further stipulation that the petitioner would not be entitled to any future increments. The petitioner is also aggrieved by the order bearing Memo No.1341-2 dated 19.9.2012 of the District Magistrate, Supaul whereby his pay and allowance has been reduced to the subsistence allowance drawn by the petitioner during the suspension period.

(2.) The petitioner at the relevant time was posted as Head Clerk at the Circle, Chhatapur in the district of Supaul. It is during the natural calamity faced by the district in the year 2008 that certain issues of financial irregularity transpired in the matter of distribution of flood relief and which led to initiation of departmental proceedings against the persons held responsible inclusive of the petitioner. In so far as the petitioner is concerned, a chargesheet was served upon him, a copy of which is placed at Annexure-2. The petitioner filed his reply to the charges. An enquiry was held with the Deputy Development Commissioner as the Enquiry Officer while the Circle Officer was appointed as Presenting Officer. The Enquiry Officer-cum-Deputy Development Commissioner, Supaul submitted his report dated 5.7.2012, placed at Annexure-3 holding the petitioner guilty of the charges. The District Magistrate, Supaul vide his order bearing Memo No. 1318-2 dated 14.9.2012 imposed the penalty in question, copy of the same is present at Annexure-4. The District Magistrate by a subsequent order bearing Memo No. 1341-2 dated 19.9.2012 while revoking the suspension of the petitioner has restricted his pay and allowances for the said period to the subsistence allowance drawn by him. The petitioner feeling aggrieved preferred appeal before the Divisional Commissioner, Koshi Division and which has been dismissed vide order passed on 21.12.2013 impugned at Annexure-6. The petitioner is before this Court questioning the orders of penalty as affirmed by the appellate authority.

(3.) Mr. Prabhakar Tekriwal, learned counsel has appeared on behalf of the petitioner while the State is represented by Mr. Rajesh Kumar Sinha, A.C. to G.P.23, on the directions of the Court, the records of the departmental proceedings has also been produced. The charge sheet is present at Annexure-2 and lists 5 charges against the petitioner which runs as under:-