ASHOK KUMAR, SON OF HARI JAGNARAYAN PRASAD, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH (MEDICAL EDUCATION, FAMILY WELFARE AND INDIGENOUS MEDICINE), GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in he present Letters Patent Appeal is to an order passed by the learned Single Bench on 25th of Jan., 2012 in CWJC No. 9806 of 2009 whereby the writ petition was dismissed.

(3.) Initially the writ petition was filed seeking to quash the order of suspension dated 25th of July, 2009 (Annexure-5) and the order of cancellation of deputation dated 24th of July, 2009 (Annexure-6). Annexure-6 cancelling the deputation of the appellant was stayed on 31st of Aug., 2009 by the learned Single Bench. But during the pendency of the writ application, the departmental proceeding was initiated and concluded. There was an order of stoppage dated 5th of May, 2010 of two increments with cumulative effect, and that such period can be extended for another year and that the appellant will not be entitled to any other allowances other than the subsistence allowance paid during the period of suspension. The appellant challenged the order of punishment by way of an Interlocutory Application. The challenge to the order of punishment remained unsuccessful when the following findings were recorded:-