KRISHNA KR.SINGH Vs. DIRECTOR CONSOLIDATION

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) PETITIONER 'sprayer in the present application for quashing the order, contained in notification no. 6159(S), dated 11.9.2004, of the Road Construction Department, Government of Bihar, whereby the punishment of stoppage of two annual increments of pay with cumulative effect and entry of censure in confidential character roll in the year 2000 -2001 have been awarded to the petitioner. Petitioner has also prayed for a direction to the respondents to pay the consequential benefits to this effect to the petitioner.

(3.) REGARDING charge no.1, it was stated in the show cause that petitioner had no information regarding foundation of P.C.C. Road from Mahila College, Biharsharif, to Canara Bank by the local M.L.A. on 29.1.2001. He had not seen any foundation slab on the said place. He was not present in the alleged two photographs which were taken on the occasion, as such, he has not violated the Model Code of Conduct. Regarding charge no. 2, it was submitted that the sale of tender papers on 26.12.2000 at divisional level was first opportunity in his service career. Initially there was some disturbance, as such, he reported the matter to the District Magistrate, the Executive Engineer and the Superintendent Engineer, who were present there. Subsequently, the work of sale of tender paper was done on the same day as per the order of the Superintendent Engineer and the Executive Engineer, as such, the charge no. 2 regarding deficiency and undue indulgence is without any substance.