MUNNA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This Letters Patent Appeal has been preferred against impugned judgment dated 25.08.2017 passed by learned Single Judge in CWJC No. 8907 of 2014 which was filed by the appellant (writ petitioner) for quashing the order of Director, Integrated Child Development Service (ICDS), Social Welfare Department, Patna and also for quashing of the order dated 19.11.2014 contained in Sanchika No. ICDS/10051/2011 passed by the appellate authority, the Secretary, Social Welfare Department, Patna by which the order of withholding the increment with non-cumulative effect of the appellant, was affirmed.

(3.) The appellant was working as Clerk in Social Welfare Department under Child Development Project Officer and on surprise inspection by the Minister of the concerned department, certain irregularities were found for which prima facie petitioner was found guilty and, accordingly, a departmental proceeding was initiated against him. The appellant faced several charges, but he was found guilty only for two charges, whereas he was acquitted of the remaining charges. However, after adopting proper procedure, the second show- cause was issued to the appellant and, thereafter, after taking his reply the punishment was awarded to him and, accordingly, he was put at the bottom of his scale for four years with non- cumulative effect.