MANOJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER who was a Clerk in the Court of Judicial Magistrate, First Class, Munger was charged for loss of the order sheet of Case No. 4 C/85 and an explanation was called from him. He submitted his explanation. The District & Sessions Judge vide order dated 20th January, 1988. after considering his explanation and the material on record found the petitioner guilty for the loss of the order sheet, with the result punishment stopping one year increment was passed. It was further mentioned in that order that the petitioner will not be posted either as Office Clerk or Bench Clerk of any Court for next five years. Being aggrieved by the said order, the petitioner filed an appeal, which was dismissed. The decision of the appellate Court was communicated by the Registrar (Establishment) of this Court to the petitioner vide letter dated 9.8.1989. By the above order the appellate authority although withheld an annual increment for one year but without any cumulative effect. The petitioner was, thus, given partial relief. Being aggrieved by the above two orders, petitioner filed this writ application.

(2.) LEARNED counsel for the petitioner submitted that the order withholding increment was passed without holding ful -fledged departmental inquiry. This submission cannot be accepted. Ful -fledged departmental inquiry is necessary, if one of the three major punishments is awarded to the employee. In the present case the petitioner has only been given a minor punishment of withholding an increment for one year without any cumulative effect. Before passing the order he was given a notice pursuant to which he submitted his explanation and the learned District & Sessions Judge after perusal of the whole records including his representation passed the impugned order. No exception can be taken to such an order.

(3.) THIS writ application is accordingly dismissed.