STATE OF BIHAR Vs. BISHWANATH RAM

JUDGEMENT

(1.) HEARD Mr. Shyam Kishore Sharma, Govt. Advocate No. V, appearing in support of the appeal.

(2.) THE sole respondent was, at the material time, an Executive Engineer in the Water Resources Department, Government of Bihar. He was subjected to a disciplinary proceeding on certain charges. The departmental proceeding continued for a long time and consequently the respondent remained under suspension for about seven years. In the departmental enquiry conducted by the Chief Engineer the charges that could be establised against the petitioner were not of a serious nature and it only appeared that the delinquent had failed to follow the prescribed procedure in discharge of his duties.

(3.) THE respondent challenged the punishment order before this Court in C.W.J.C. No. 9141/1998. That writ petition was disposed of by a Single Judge by an order dated 21.7.1999. The relevant extract from the order is as follows: