1. Heard the counsel for the parties.

2. Petitioners prayer in the present application for quashing the order, contained in notification no. 6159(S), dated 11.9.2004, of the Road Construction Department, Government of Bihar, whereby the punishment of stoppage of two annual increments of pay with cumulative effect and entry of censure in confidential character roll in the year 2000-2001 have been awarded to the petitioner. Petitioner has also prayed for a direction to the respondents to pay the consequential benefits to this effect to the petitioner.

3. Petitioner was posted as the Assistant Engineer in the Road Construction Department, Nalanda at Biharsharif, when a departmental proceeding was initiated against him under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules. Two charges were framed against the petitioner in the departmental proceeding. First charge was that he violated the Model Code of Conduct during election period as reported by the District Magistrate, Biharsharif, as well as the Election Commission of India vide its letter dated 15.2.2001. Second charge was relating to deficiency and undue indulgence in course of sale for bill of qua