RAMPARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the State.

(2.) Husband of the petitioner served as Executive Engineer in the Water Resources Department of the State Government. He was visited with two punishment orders dated 28.4.1989 and 17.8.1996, where under he was awarded punishment of stoppage of increments with cumulative effect, besides the entry of censure in the service record for the year 1989-90 and no salary beyond the subsistence allowance during the period of suspension. Petitioner challenged the two punishment orders by filing C.W.J.C. No. 11845 of 1999 on 4.12.1999. Another Bench of this Court under orders dated 2.3.2005, passed in the said writ case, directed that the said writ case be confined to the orders dated 28.4.1989 with liberty to the petitioner to pursue his grievance with regard to the order dated 17.8.1996 in a separate proceeding.

(3.) The present writ application has been filed assailing the said order dated 17.8.1996, which is contained in Annexure-7 to this application, perusal whereof indicates that the husband of the petitioner was placed under suspension under order No. 161, bearing Memo. No. 6 dated 11.6.1991, Annexure-3 and departmental proceeding was initiated against him under the Resolution of the State Government, bearing No. 1548 dated 8.4.1992 where under charge sheet was served and Enquiry Officer appointed, who after considering the written defense of the husband of the petitioner as also materials produced by the Presenting Officer, submitted his enquiry report under letter, bearing No. 304 dated 11.3.1993, Annexure-4 to this application holding that husband of the petitioner may not be responsible for defalcation of the amount meant for the execution of the project, but he is certainly responsible for not maintaining the accounts including the account of the disposal of the cement entrusted to him for the execution of the different projects. Appreciating the contents of the enquiry report, petitioner has been punished under the impugned punishment order dated 17.8.1996, Annexure-7 to this application.