SABIR AHMAD Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition under Article 226 of the Constitution of India has been filed for quashing the order of punishment dated 11.7.2013, issued under the signature of Special Secretary, Water Resources Department, Government of Bihar, Patna, by which petitioner has been awarded punishment of stoppage of two increments with cumulative effect and censure for the year 2009-10.

(3.) The petitioner was posted as Assistant Engineer (Civil) in Water Resources Department, Bihar in the year 1988. A disciplinary proceeding was initiated against the petitioner under Rule 17 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 and memo of charge dated 5.1.2010 was served upon the petitioner and Sri Narendra Kumar, Superintending Engineer, Ganga Sone Flood Protection Circle, Mithapur (Patna) was appointed as enquiry officer and Sri Shailesh Kumar, Assistant Engineer, was appointed as presenting officer and petitioner was directed to submit his reply against the memo of charge within two weeks. As per memo of charge, when the petitioner was posted as Estimating Officer (Assistant Engineer) in the Irrigation Division No. 2, Jamui, he submitted leave application for going home for the treatment of his wife, he went there and worked as polling agent of a candidate of PACCS election which was held on 16.10.2009 at Jhirwa Panchayat Bhawan of Uchkagaon Block of Gopalganj district and the same amounted to misconduct. He pressurized the Government officials deputed at the polling booth to cast bogus vote in favour of his candidate and for the said purpose, he caused disturbance in election process. He left the Headquarter without getting the leave sanctioned and sent his joining through speed post after release from jail.