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1999 Supreme(Pat) 1329

B.P.SINGH, S.K.CHATTOPADHYAYA
Chandradip Sinha – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. We have heard counsel for the parties.

2. This appeal is directed against the order of a learned Judge of this Court upholding the order imposing minor punishments of censure, recovery and stoppage of increments with non-cumulative effect. From the record it appears that such punishments were imposed earlier against the appellant, and aggrieved by that order imposing the punishments the appellant had preferred a writ petition before this Court being C.W.J.C. No. 4444 of 1995. By order dated 22nd January, 1996, the writ petition was allowed and the impugned order dated 7- 11-1994 imposing punishments was quashed with liberty to respondent no. 1 to consider the representation of the appellant in accordance with law and in the light of the observation made in the judgment. This court after considering the material placed before it came to the conclusion that neither the disciplinary authority referred to the charges levelled against the appellant nor to the explanation offered by him and, therefore, the order was not legally sustainable as it appeared to have been passed without considering the representation of the appellant. The disciplinary authority was required by Rule




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