UPENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON allegations of dereliction in discharge of duties the petitioner was charge-sheeted and proceeded against. The enquiry report came to be submitted when he has been penalized with stoppage of two increments with non-cumulative effect which has been affirmed in appeal.

(2.) LEARNED counsel for the petitioner submits from the enquiry report that he had taken the defence of being unwell which has not been disbelieved, but the enquiry officer left an inconclusive opinion on the ground that the doctor who had issued the prescriptions produced by the petitioner did not confirm the same despite being asked to do so. Even the witness who served the notice of the proceedings upon the petitioner had deposed that the petitioner appeared 'unwell'.

(3.) THE application is allowed.