JYOTISH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER by way of filing this writ petition under Article 226 of the Constitution of India has prayed for issuance of appropriate writ, order or direction for quashing the order under memo no. 2486 dated 2-09-1998 (Annexure-3) and also appellate order vide memo no.659 dated 14.06.2002 (Annexure- 11), whereby and whereunder, punishment of recovery of Rs. 90,750/- from the salary of the petitioner and also stoppage of promotion for five years from due date has been awarded.

(2.) THE fact in brief of the case is that the petitioner was initially appointed as Engineering Assistant in February, 1970, and subsequently promoted to the post of Assistant Engineer on 22nd June, 1974. THEreafter on due recommendation of Bihar Public Service Commission, petitioner was promoted to the post of Executive Engineer, w.e.f. 30th June, 1987. When petitioner was posted as Executive Engineer, Tube Well Division, Motihari, he received a show cause, vide letter No. - 22 dated 13.06.1990 with the allegation :

(3.) CONSIDERING the aforesaid rival submissions and on perusal of the materials on record, it appears that the petitioner has preferred this writ petition under Article 226 of the Constitution of India being aggrieved and dissatisfied with the order dated 2-09-1998 passed by the disciplinary authority inflicting following two punishments: