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2000 DIGILAW 211 (PAT)

Uma Shankar Singh v. State Of Bihar

2000-02-07

SUDHANSU JYOTI MUKHOPADHAYA

body2000
Judgment 1. Heard the parties. 2. As the case can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one. 3. The petitioner was proceeded in departmental proceeding for which he was suspended, vide notification dated 25th July, 1998 and charge sheet was framed vide Resolution No.966 dated 12th September, 1998. At that stage, the petitioner moved before this Court in C.W.J.C.No. 6720/98 against the order of suspension when the proceeding was ordered to be concluded. 4. The Respondents thereafter, on conclusion of the departmental enquiry, issued impugned notification of punishment dated 2nd November, 1998. The petitioner while inflicted minor punishment of "Censure", major punishment of stoppage of five increments with cumulative effect, has also been inflicted. While it is stipulated that the petitioner will not be getting any salary for the period of suspension, except the subsistence allowance received, he has been transferred from teaching cadre to non-teaching cadre on such ground. 5. Admittedly, the Respondents had not supplied copy of the enquiry report before inflicting major punishment of stoppage of five increments, as made vide notification dated 2nd November, 1998. It is enough ground to set aside the order. This apart, I find that the petitioner has specifically raised grievance that no list of witness/document was ever supplied, nor copy of any such document was supplied to the petitioner to defend his case. 6. Apart from the aforesaid fact that the impugned order has been passed in violation of rules of natural justice, I find non-application of mind on the part of the Respondents, as they have changed the cadre of petitioner, while inflicting order of punishment, which is not permissible under the law. 7. For the reasons aforesaid, I set aside the impugned order dated 2nd November, 1998 (Annexure 23) so far as it relates to punishment and other situation, as shown at Clause 3J, 13, t and *r are concerned. The case is remitted to the Respondents to decide the question of posting of petitioner, taking into consideration the 1997 Teaching Cadre Rules and a decision in respect to the proceeding, as also the period of suspension. 8. The Respondents will come out with specific order of posting of petitioner within a month from the date of receipt/production of a copy of this order. 8. The Respondents will come out with specific order of posting of petitioner within a month from the date of receipt/production of a copy of this order. Subsistence allowance, including arrears must be paid (alleged to have been not paid), within three months from the date of receipt/production of a copy of this order. 9. It is needless to say that the petitioner will be entitled for full salary from the date of revocation of order dated 2nd November, 1998. The writ petition stands disposed of with the aforesaid observations and directions. The petitioner will produce a copy of this order before the Commissioner-cum-Secretary of the Department, who will ensure compliance.