JIVRAJ BIRTHUAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ application has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of the notification (Annexure -3) as contained in Memo No. 4167 dated 25.8.2006 issued by respondent no. 4, whereby three increments have been withheld with cumulative effect and that apart, it has also been ordered that the petitioner shall not be posted in the area falling within the working category

(2.) LEARNED counsel appearing for the petitioner submits that the petitioner while was posted as Range Officer in the State Trading Division, Gaya, he was served with a letter, contained in Memo No. 1887 dated 15.5.199], communicating therein that a departmental proceeding has been initiated against him under Rule 55 of Civil Services (Classification, Control and Appeal) Rules, 1930 for the charges contained in the memo of the imputation of charges and was asked to submit his reply within four weeks and the charges, which contained in the memo of imputation of charges, are as follows: -

(3.) A counter affidavit has been filed on behalf of respondent nos. 2, 3 and 4, wherein it has never been denied that before awarding punishment second show cause notice was not served upon the petitioner, however, it was submitted that when the charges levelled against the petitioner got proved, the punishment of withholding of three increments was awarded which can never be said to be a major punishment and as such, the Disciplinary Authority can never be said to have infringed any constitutional or statutorily provision and in that view of the matter, the impugned order needs not be interfered with by this Court.