STATE OF BIHAR Vs. YOGENDRA SINGH

JUDGEMENT

(1.) WE heard Mr. P.K. Shahi, Advocate General, and perused the available material. It is not disputed by the Advocate General that the substance of allegation with which the sole respondent -writ petitioner was charged, one more person viz., the Junior Engineer Abdul Qaiyum Ansari was also charged. The Advocate General submits and, in our view, fairly that the charges against Abdul Qaiyum Ansari were held not proved and he was exonerated by the disciplinary authority.

(2.) WE are afraid, if for almost identical charges, the Junior Engineer has been exonerated by his disciplinary authority, there was no justification in holding the charges proved against the present respondent and punishing him with stoppage of one increment with cumulative effect, censure for the year 1999 -2000 and that the delinquent would be entitled to subsistence allowance only during the period of suspension. Consideration of the matter by the Single Judge cannot be said to suffer from any legal infirmity justifying interference by us. The Letters Patent Appeal is, accordingly, dismissed in limine.