REYAZ AHMAD AATISH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel for the petitioner and the respondent State.

(2.) In spite of the order dated 16.02.2012 passed on the petitioner's earlier writ petition bearing C.W.J.C. No. 18651 of 2012 it is submitted by the learned senior counsel appearing on behalf of the petitioner that still the punishment is shocking to the conscience and grossly disproportionate to the charge in as much as the same has occasioned the recovery of an amount which is more than three times the alleged loss.

(3.) Since the petitioner has an adequate alternative statutory remedy by way of Appeal/Review before the authorities under Rule 24(2) of the Bihar Government Servants (Classification, Control and Appeal) Rules 2005 (hereinafter referred to as 'the Bihar CCA Rules, 2005) the plea of the petitioner may be considered by the statutory authority in light of the legal position as discussed in the earlier order dated 16.02.2012 passed on the petitioner's writ petition bearing C.W.J.C. No. 18651 of 2012.