1. Heard Learned counsel for the petitioner and the learned Counsel for the State.

2. The petitioner seeks quashing of the order dated 15.2.99 at Annexure 5. The impugned order would record that in pursuance of a departmental proceeding against the petitioner and consideration of the enquiry report as also the reply to the second show cause notice submitted by the petitioner the Government was satisfied of its being proved against the petitioner that the breach of the Baghmati Right Embankment on 1.7.95 at 5.30 AM initially for 25 feet which subsequently increased to 2500 feet on 4.7.95 affecting 40,000 people by the flood, was the result of absence of the petitioner from the site, which was an act of negligence and violation of government instructions by him. As a consequence three punishments, (a) censure for the years 1995 to 1998, (b) stoppage ot three Increments with cumulative effect and (c) payment of only subsistence allowance during the period of suspension while counting the period of suspension for the purpose of pension, were imposed upon the petitioner.

3. The petitioner at the relevant time was posted as an Executive Engineer at the Baghmati Pramandal, Sheohar