MD.RIYAZUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Counsel for the petitioner and the State.

(2.) COUNTER affidavits and supplementary counter affidavits have been filed by the State. Petitioner has challenged the order contained in Memo No. 6116(S) dated 10.9.2004 issued by the Deputy Secretary, Road Construction Department, Govern ment of Bihar whereby four punishments have been awarded to the petitioner in a departmental proceeding. The punishments are (i) for recovery of Rs. 76,985/ - from the salary of the petitioner, (2) withholding of two annual increments with noncumulative effect, (3) non -posting for five years in works establishment, (4) no other payment except subsistence allowance for the period of suspension, (5) order of punishment will be subject to final order passed in Jehanabad RS. Case No. 298 of 2000.

(3.) THE petitioner was posted as Assistant Engineer (Monitoring) National Highway, Gulzarbagh Division, Patna. A departmental proceeding was initiated against him under the provisions of Rule 49(AA) of Bihar Civil Services (Classification, Control and Appeal) Rules, 1930.