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2013 Supreme(Pat) 1041

MIHIR KUMAR JHA
Shekhar Chandra Verma – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Prabhat Kumar Singh.
For the Respondents: Mr. Abhay Shankar Jha.

JUDGMENT

1. Heard learned counsel for the parties.

2. The prayer of the petitioner in this writ application reads as follows:-

"1 (i) For quashing resolution of the Government of Bihar contained in Memo No. 2/C-3041/2008/9091 dated 25.6.2012 issued under the signature of Joint Secretary, Patna, whereby punishment of censure has been awarded against the petitioner.

(ii) For commanding the respondent no. 4 not to take into account this order of punishment at the time of the consideration of the promotion of petitioner to the cadre of Indian Administrative Service."

3. Learned counsel for the petitioner in support of the aforementioned prayer has submitted that the impugned order of punishment dated 25.6.2012 is factually incorrect and legally unsustainable, inasmuch as, the petitioner, an officer of the Bihar Administrative Service, though has been subjected to minor punishment of censure, the same in effect would deprive him of his due promotion. It has further been stated that the misconduct for which the petitioner was subjected to a proceeding and ultimately inflicted punishment has also been found to non-existing in the order of this Court dated 17.8.2012 in CWJC No. 14688 of 2007.



































































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