THE STATE OF BIHAR Vs. ASHOK KUMAR SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellants and the respondent.

(2.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 11th of Jan., 2013 in C.W.J.C. No. 17994 of 2012, whereby the order of punishment of stoppage of one increment (wrongly mentioned in the order as two increments) and the censure was quashed.

(3.) The respondent herein, the writ petitioner, invoked the writ jurisdiction of this Court for revocation of suspension vide order dated 07th of June, 2011 in pursuance of the Inspection Report dated 23rd of May, 2011 of the works being supervised by the Appellant No. 4. An Inquiry Officer was appointed to inquire into the charges. The Inquiry Officer submitted his Inquiry Report on 05th of July, 2012 returning a finding that none of the charges stand proved. After the Inquiry Report was submitted, the file was sent to the Chief Minister for approval of revocation of suspension of the respondent. The file was returned with a direction for review in detail by a senior officer. The matter was examined and after approval of the Chief Minister, suspension of the respondent was revoked. But a show-cause notice was issued after review of the report of the Departmental Inquiry Commissioner on 7th of Nov., 2012. The respondent submitted his reply dated 16th of Nov., 2012. After verification of the irregularities, a report was submitted on 26th of Nov., 2012. On that basis, the disciplinary authority imposed the punishment of stoppage of one increment and censure.