Patna High CourtCWJC/17069/2007disposed

Raja Mian v. The State Of Bihar Andors

2016-01-04Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17069 of 2007 ====================================================== RAJA MIAN, SON OF MOHAMMAD JALLALUDDIN MIAN, RESIDENT OF VILLAGE AND POST OFFICE BARAON KALA, POLICE STATION AKORHI GOLA DEHRI, DISTRICT ROHTAS .... .... Petitioner

Versus

1. THE STATE OF BIHAR THROUGH THE SECRETARY CUM COMMISSION, MINOR IRRIGATION, GOVERNMENT OF BIHAR, PATNA

2. THE SECRETARY CUM COMMISSION, MINOR IRRIGATION, GOVERNMENT OF BIHAR, PATNA

3. THE CO-ORDINATOR, MINOR IRRIGATION(TUBEWELL DIVISION), BIHAR, PATNA

4. THE JT.

SECRETARY , DEPARTMENT OF MINOR IRRIGATION, GOVERNMENT OF BIHAR, PATNA

5. THE DEPUTY SECRETARY, MINOR IRRIGATION, GOVERNMENT OF BIHAR, PATNA

6. THE CHIEF ENGINEER NORTH TUBEWELL SECTION, MUZAFFARPUR, DISTRICT MUZAFFARPUR

7. THE SUPT ENGINEER, TUBE WELL DIVISION, MUZAFFARPUR

8. THE EXECUTIVE ENGINEER TUBE WELL DIVISION, HAJIPUR

9. THE DISTRICT MAGISTRATE, BUXAR

10. THE EXECUTIVE ENGINEER TUBE WELL DIVISION, BUXAR

11. THE BLOCK DEVELOPMENT OFFICER, DUMRAON, BUXAR .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Nikesh Kumar, Advocate Mr. Nawnit Kumar Tiwary, Advocate For the Respondent/s : Mr. (Aag2) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-01-2016 The petitioner has prayed for quashing of order of punishment contained in letter dated 29.8.2005. The petitioner was appointed as Junior Engineer in the Irrigation Department on 7.2.1979 and was deputed to the Bihar State Construction Corporation, Mohamad Ganj at Palamu, since then he was transferred to various places. In the year 1993. petitioner was posted as Junior Engineer in the Tube well Division, Buxar and then transferred to the Zone of chief

Patna High Court CWJC No.17069 of 2007 (9) dt.04-01-2016 Engineer, Tube Well Wing, Muzaffarpur vide departmental order dated 20.7.1999. Case of the petitioner is that respondents have made allegation that he did not submit his charge at Buxar. Thereafter, he was departmentally proceeded and finding of guilt was recorded against him. He was awarded three punishments, namely, (i) punishment of censure in the year 2002-03 (ii) stoppage of three increments with cumulative effect and (iii) he would not be entitled to any payment other than subsistence allowance.

Being aggrieved, the petitioner filed representation/appeal before the State Government which too was rejected primarily on the ground that the same has been filed after delay of one and a half years, though it was also observed in the order that no case has been made out for interference.

In my view, as the appellate authority is the final forum of law and facts, the petitioner may be granted a chance to place his case on deposit of cost of Rs.500/-. In case, any such appeal is filed along with petition for condonation of delay, the appellate authority would sympathetically condone the same on deposit of the said amount.

Shashi.

(Samarendra Pratap Singh, J) U