RANG NATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) A common question of law for determination arises in these writ petitions and therefore, they are being disposed of by a common order.

(2.) ALL the petitioners belong to Water Resources Department of Government of Bihar. Disciplinary proceedings were initiated against them under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, 1930 (for short ˜Rules) in connection with certain irregularities allegedly committed by them while they were posted at Kharkai Canal Division Adityapur. The petitioners were served with show cause notices by their respective enquiry Officers. They submitted their show cause and requested for dropping the proceedings. The Petitioners were served with formal chargesheet to which they also submitted their explanations. Not satisfied with the explanation the Enquiry Officers proceeded to enquire into the charges levelled against the petitioners. The disciplinary proceedings continued for about two years and thereafter they were dropped on the ground that there has been undue delay in completion of the same and that the Enquiry Officer had superannuated. Thereafter, petitioners were issued show cause notices purporting to be under Rule 55A of the Rules, which were also duly replied by them. The government found the petitioners guilty of the charges leveled against them and awarded three punishments viz. Censure Stoppage of two to seven annual increments with cumulative effect, and recovery of certain amount to compensate the loss incurred by the government. Feeling aggrieved the petitioners have approached this Court for relief under Article 226 of the Constitution.

(3.) HEARD the learned counsel for the parties and perused the record.