STATE OF JHARKHAND Vs. BIPIN BIHARI MISHRA

JUDGEMENT

(1.) The appellant-State of Jharkhand has challenged the order dated 10.01.2017, by which the penalty inflicted upon the respondent-writ petitioner (hereinafter referred to as the writ-petitioner) has been quashed by the writ Court.

(2.) In the memo of appeal, several grounds have been raised by the State of Jharkhand but the main plea urged on behalf of the appellant is that withholding of one annual increment with cumulative effect is a minor punishment para 7(c) of the memo of appeal and, therefore, a second show-cause notice was not required to be given to the delinquent officer.

(3.) Mr. Jay Shankar Tiwary, the learned State counsel submits that the only question involved in the present appeal is, whether under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, 1930 withholding of one annual increment with cumulative effect is a minor or major punishment.