ABDUL JALIL BEG Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for quashing the order passed by the respondent No. 2, Deputy Commissioner, Palamau at Daltonganj, vide Memo No. 1134/Estt. dated 1 -8 -90 and also the order dated 21 -11 -96 passed by the Commissioner in Service Appeal No. 4/94, whereby one increment payable to the petitioner has been stopped with cumulative effect.

(2.) THE brief facts of the case is that the petitioner is working in the post of Stenographer in the Palamau Collectorate and according to the petitioner, he has been performing his duty very diligently without any laches and negligence. It is stated that all of a sudden, the petitioner was asked an explanation by the Sub -divisional Officer, Latehar, vide letter dated 19 -7 -89 for not putting of some files, for which the petitioner said to have responsible. The petitioner filed a detailed reply on 22 -7 -89 to the Sub -divisional Officer, Latehar and he further submitted the detailed facts and circumstances for non -submission of the concerned files. It is further alleged by the petitioner that the Sub -divisional Officer, Latehar was biased against him, although the petitioner was working under Deputy Collector Incharge, Garhwa but the Sub -divisional Officer complained to the Deputy Collector, Palamau by making false allegation against him. It is stated that the Deputy Commissioner, Palamau did not call any report from the concerned officer where the petitioner was posted and after considering the reply of the petitioner the Deputy Commissioner, Palamau passed the impugned order for stopping of one increment with cumulative effect. The petitioner filed an appeal before the Commissioner, Palamau Division, Daltonganj but the Commissioner dismissed the appeal and confirmed the order passed by the Deputy Commissioner.

(3.) I have heard Mr. Ram Kisliore Prasad, learned Counsel for the petitioner and JC to G.A.