LAWS(PAT)-2019-9-71

MANORANJAN PRASAD SAHA Vs. STATE OF BIHAR

Decided On September 18, 2019
Manoranjan Prasad Saha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The petitioner holds a Class-IV post of Press Attendant in Bihar Survey Office, Gulzarbagh, Patna. For an act of misconduct, said to have been committed by him on 11.03.2010, a departmental proceeding was initiated against him. He was placed under suspension. Departmental proceeding culminated with imposition of minor punishment of withholding of one increment with non-cummulative effect, by order dated 17.01.2012, passed by the Director, Land Record and Measurement Directorate, in the Department of Revenue and Land Reforms, Government of Bihar. He had preferred an appeal, which came to be rejected by an order dated 18.07.2016 mainly on the ground of delay. The petitioner had approached this Court by filing writ application giving rise to C.W.J.C. No. 8096 of 2017.

(2.) Considering the fact that the appeal was dismissed only on the ground of delay, in the facts and circumstances of the case, the Court, while quashing the order of the appellate authority, dated 18.07.2016, had directed the appellate authority to consider the petitioner's appeal on merit and pass a speaking and reasoned order. The said order of this Court was passed on 11.04.2018 in C.W.J.C. No. 8096 of 2017.

(3.) In compliance of the said order of this Court, the appellate authority has passed an order dated 08.04.2019 considering the petitioner's appeal on merit and has again rejected the petitioner's appeal. The order of the disciplinary authority, imposing punishment, and the order of the appellate authority, whereby the petitioner's appeal has been rejected, are being assailed in the present writ application.