DHANANJAY THAKUR Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) The petitioner is aggrieved by the order of punishment dated 08.04.2013 bearing memo no. 5643 issued under the signature of the Officer on Special Duty-cum-Joint Secretary to the Government of Bihar in the General Administration Department inflicting the punishment of withholding of one increment with non-cumulative effect under Rule 14(iv) of the Bihar Government Servants (Classification, Control and Appeal) Rules 2005 (hereinafter referred to as 'the Bihar CCA Rules, 2005).

(3.) Counsel for the petitioner has submitted that he was issued a charge memo dated 03.10.2010. On submission of the enquiry report under communication dated 12.05.2012 by the Secretary to the Commissioner, Bhagalpur Division to the Department, the petitioner was communicated the order of punishment. Neither a second show cause notice was issued to the petitioner, nor the disciplinary authority while issuing the order of punishment dated 08.04.2013, has considered and recorded his findings in respect of the articles of charges communicated to the petitioner under the charge memo dated 26.08.2011 bearing memo no. 9653.