PARMA NAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the order of the Disciplinary Authority, dated 4.9.1996 (Annexure -1) whereby petitioner has been awarded with punishment of reduction in rank.

(2.) IT appears at the relevant time, the petitioner was posted as Block Development Officer, Sisban in the district of Siwan. On 30.4.1996, vide order contained in Annexure 2, he was placed under suspension in contemplation of the departmental proceeding under the provisions of rule 49A of the Civil Services (Classification, Control and Appeal) Rules. Thereafter, under the orders of the Joint Agriculture Secretary, dated

(3.) 5.1986, memo of charges were served with the petitioner, who in turn also filed show cause. The matter was examined and ultimately the Conducting Officer submitted his report on 2.3.1997 (Annexure -9) holding that the petitioner was not found guilty of any of the charges. He further submitted that Nazir and Head Assistant of the Block office were found guilty of such charges. Therefore, a request was made to the Disciplinary authority to exonerate the petitioner of the charges. 3. Thereafter, the Disciplinary authority, by his letter contained in Annexure 11, asked the Conducting Officer to reconsider his report with reference to the relevant documents and evidence of the left over witnesses. The Conducting Officer, therefore, again examined the materials and submitted his fresh report dated 8.7.1988 as contained in Annexure 14. At this stage also, for most or the charges, he recommended that the petitioner was not found guilty and reiterated his earlier stand that it was Nasir and Head Assistant who can be held responsible.