SHEO CHANDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application is directed against the order contained in Memo No. 144999, dated 21-11-1986, issued under the signature of the Managing Director of the Bihar Food and Civil Supply Corporation Limited whereby and whereunder the petitioner in view of the lapses on his part, was censured and his two annual increments were withheld cumulative effect as contained in Annexure-7 to the writ application as also the order contained in Memo No. 67, dated 17-1-1977 issued by the respondent No. 3 and as contained in Annexure-12 to the writ application ; and the order, dated 3-2-1979, issued by the respondent No. 2 and as contained in Annexure-14 to the writ application as also the order dated 25-2-1982 issued under the signature of the respondent No. 2 and as contained in Annexure-15 thereof.

(2.) The facts of the case lie in & very narrow compass and are not much in dispute. The petitioner was at the material time working as an Assistant Godown Manager at Hasua whence the District Development Officer made an inspection of the aforementioned godown and found various irregularities therein. On the basis of the said inspection report, a show cause notice was issued to the petitioner which is contained in Annexure-3 to the writ application. Along with the aforementioned show cause notice, a copy of the report made by the District Development Officer was also enclosed. It further appears that the peritioner was also intimated by a letter bearing No. 831 dated 19-6-1976 and as contained in Annexure-4 to the writ application that some complaints have been received relating to certain irregularities in respect of the said godown and by the said letter the petitioner along with the others were directed to follow the instructions contained therein.

(3.) Pursuant to the aforementioned show cause notice as contained in Annexure-3 to the writ application, the petitioner filed a show cause on 23-6-1976. The said show cause is contained in Annexure-5 to the writ application. In the said show cause, the petitioner admitted that certain irregularities have been committed, but he maintained that prior to inspection he was not specifically instructed in such matters. It appears that, thereafter an enquiry report was submitted by the Enquiring Officer on 9-7-1976 as contained in Annexure-6 to the writ application.