S.B. Sanyal, J.

In this writ application, the petitioner seeks quashing of Annexure- 1, by which the Joint Secretary in the Department of Health, State of Bihar, has imposed a punishment under rule 55-A of the Civil Services (Classification, Control and Appeal) Rules, 1930 (hereinafter to be referred to as 'the Rule'.) The punishment imposed is stoppage of two increments with cumulative effect and for making an entry thereof in the character roll of the petitioner.

2. The facts of the case, briefly stated are as follows:- The petitioner is a Medical Graduate and was appointed in the Bihar Medical Service Class II some time in December 1959 and was posted in Turkaulia Block in the district of Champaran. In the year 1963 the petitioner proceeded on leave and obtained his Master of Surgery and in July 1963 he was put in supernumerary duty in the Gulzarbagh Infectious Diseases Hospital. The petitioner thereafter moved from places to places and ultimately came to be posted as Resident Surgical Officer in the Department of Surgery in the Ranchi Medical College Hospital and after he worked for three years, the petitioner obtained leave Ex-I dia for higher studies, from November 196