CHAKRADHAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This writ application has been filed for quashing of the order as contained in Annexure-13 dated 01.8.2000, by which, pursuant to the liberty granted by this Court in the earlier writ application, punishment order has been passed afresh against the petitioner imposing punishment of withholding 25% pension permanently and depriving the petitioner from any payment of the suspension period except the subsistence allowance.

(3.) The facts of the case are that on account of non-complaince and disobedience of the transfer order petitioner was put under suspension. Thereafter departmental proceeding was initiated against the petitioner and the petitioner was served with a charge and show cause notice. Petitioner filed his show cause in which he denied the charges and gave explanations with regard to his absence from duty. After consideration of the show cause of the petitioner, punishment order was passed against him withholding five annual increments with cumulative effect. The said order was challenged by the petitioner in CWJC No. 11774/1993. During pendency of the said writ application a submission was made by the then learned Counsel for the State that the punishment order of the petitioner was modified. However, a copy of the said modification in the punishment order was not placed on record and therefore, the impugned order imposing a punishment of five annual increments with cumulative effect was quashed by this Court by order dated 07.7.1994. However, liberty was granted to the authorities to pass fresh orders in accordance with law.