Dr. J.N. Dubey and I.P. Singh, JJ.

A common question of law for determination arises in these writ petitions and therefore, they are being disposed of by a common order.

2. All the petitioners belong to Water Resources Department of Government of Bihar. Disciplinary proceedings were initiated against them under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, 1930 (for short ‘Rules’) in connection with certain irregularities allegedly committed by them while they were posted at Kharkai Canal Division Adityapur. The petitioners were served with show cause notices by their respective enquiry Officers. They submitted their show cause and requested for dropping the proceedings. The Petitioners were served with formal chargesheet to which they also submitted their explanations. Not satisfied with the explanation the Enquiry Officers proceeded to enquire into the charges levelled against the petitioners. The disciplinary proceedings continued for about two years and thereafter they were dropped on the ground that there has been undue delay in completion of the same and that the Enquiry Officer had superannuated. Thereafter, petitioners were issued show cause notices purporting to be under Rule 55A of the Rules, which were also duly replied by them. The government found the petitioners guilty of the charges leveled against them and awarded three punishments viz. Censure Stoppage of two to seven annual increments with cumulative effect, and recovery of certain amount to compensate the loss incurred by the government. Feeling aggrieved the petitioners have approached this Court for relief under Article 226 of the Constitution.

3. Heard the learned counsel for the parties and perused the record.

4. Learned counsel for the petitioners have raised several points during arguments but it is not necessary for us to deal with all of them as the writ petitions can be disposed of on a short point viz. the penalty of stoppage of annual increments with cumulative effect could not be legally imposed on the petitioners without taking recourse to the regular enquiry under Rule 55. The penalties is which can be imposed on a civil servant are specified in Rule 49, which runs as under

“The following penalties may, for good and sufficient reason and as hereinafter provided, be imposed upon members of the services comprised in any of the clauses (1) to (5) specified in rule 14, namely:-

(i) Censure

(ii) Withholding of increments or promotion including stoppage at an efficiency bar.

(iii) Reduction to a lower post of time scale or to a lower stage at timescale

(iv) Recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of orders.

(v) Suspension.

(vi) Removal from the civil service of the Crown which does not disqualify from future employment.

(vii) Dismissal from the civil service of the Crown, which ordinarily disqualifies from future employments.”

5. Rule 55 contains the general procedure to be followed for imposing penalty on a civil servant, while Rule 55A contains the summary procedure for imposing certain minor penalties on them. Rule 55A reads thus :-

“Without prejudice to the provisions of Rule 55, no order imposing the penalty specified in clause (i) (ii) or (iv) of rule 49 (other than an order based on facts which have led to his conviction in a criminal court or by a Court Martial, or an order superseding him for promotion to a higher post on the ground of his unfitness for that post) on any Government servant to whom these rules are applicable shall be passed unless he has been given an adequate opportunity of making any representation that he may desire to make and such representation, if any, has been taken into consideration before the order is passed.

Provided that the requirements of this rule may, for sufficient reasons to be recorded in writing, be waived where there is difficulty in observing them and where they can be waived without injustice to the officer conc