AIJ-PT 1716270 KAILASH BIHARI THAKUR Vs. BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION PATNA HIGH COURT

JUDGEMENT

(1.) SINCE two writ petitions filed by the appeals in the above mentioned two were decided by a common judgment and order dated 5th November, 1999 assailed in these appeals, we propose to dispose of both the appeals by this common judgment and order.

(2.) On 13th April, 1989 by one single order both the appellants were suspended in contemplation of initiation of disciplinary proceedings. Proceedings were thereupon initiated and an Enquiry Officer was appointed. Subsequent thereto on 22nd May, 1989 the second Enquiry Officer was appointed. The second Enquiry Officer submitted his report on 4th July, 1989 and thereby reported that the charges of absence from duty, as were levelled against the appellants, in the circumstances mentioned in the enquiry report, are not sub - ' stantiated. Thereupon on 11th December, 1989 by a common order both the appellants were punished, whereby two yearly increments of the appellants had been stopped with cumulative effect. On 24th October, 1997 by an appeal the appellants challenged the said punishment order dated 11th December, 1989. On the ground of limitation the appeal was dismissed. In order to apply limitation the appellate authority took recourse to the Bihar Taken Over Primary School Teach - ers (Transfer and Disciplinary Proceedings) Rules, 1994, which came into effect on 16th June, 1994.

(3.) CHALLENGING the said order dismissing the appeal, the appellants filed two writ petitions. By the common judgment and order under appeal those two writ petitions have been dismissed.