Jainath Ram vs State of Bihar and Others

Narayan Roy, J.—Learned Counsel for the petitioner seeks permission to make necessary correction in the main writ application. Heard counsel for the parties.

This writ application is directed against the order of punishment, issued vide memo No. 5590(S) dated 6.8.1996, as contained in annexure 6, whereby and whereunder certain punishments have been imposed upon the petitioner and also against the order, as contained in annexure 9 dated 27,2.1998, whereby and whereunder the appeal filed by the petitioner has been dismissed.

It is submitted by Learned Counsel for the petitioner that the order impugned, as contained in annexure 6, was passed merely on basis of explanation submitted by the petitioner pursuant to the show-cause issued to him and no departmental proceeding was initiated against him though one of the punishments, whereby and where-under his two annual increments with cumulative effect have been withheld, is a major punishment. It is further submitted that even in a proceeding in terms of Rule 55A of the Civil Services (Classification, Control and Appeal) Rules, a delinquent employee cannot be punished merely on the basis of a show-cause notice and his explanation.

A counter affidavit has been filed on behalf of the respondents, but it is not stated that disciplinary proceeding was initiated against the petitioner and due inquiry was held before passing of the order, as contained in annexure 6.

Admittedly, withholding of increments with cumulative effect is one of the major punishments, as prescribed in Rule 49 of the Bihar Service Code, and, therefore, it was the pre-requisite condition to initiate a departmental proceeding, which, admittedly, has not been done in the matter.

This writ application, in that view of the matter, is liable to be disposed of on this count alone.

The order, as contained in annexure 6, in absence of a departmental proceeding is held to be wholly without jurisdiction and de hors the law.

In the result, this application is allowed and the orders, as contained in annexures 6 and 9, are set aside. No order as to costs.