(Per: HONOURABLE MR. JUSTICE I. A. ANSARI)

After a delinquent, who is proceeded against on serious charges of financial irregularities, stands punished, must a Court, in exercise of extra-ordinary jurisdiction under Article 226 of the Constitution, interfere with such a punishment on the ground that there was delay in taking the department proceeding to its logical conclusion?

2. The above is the moot question that falls for determination in the present appeal, which has arisen out of the order, dated 18.12.2013, passed, in CWJC No. 15296 of 2012, by a learned single Judge of this Court, disposing of the writ application with certain directions, which we would take note of a little later.

3. The material facts which led to the present appeal, may, in brief, be, set out as under:

(i)The writ petitioner, whose initial appointment, in the Department of Public Health Engineering, Government of Bihar, was as an Assistant Engineer, went to be promoted, on 18.03.1997, to the post of Executive Engineer.

(ii) On 09.08.2004, the writ petitioner joined as Executive Engineer, Public Health Engineering Division, Banka. While the writ petitioner had been working there, Superintending Engineer, Public Health Engineering Division, Bhagalpur, submitted a report, dated 16.05.2007, regarding some irregularities committed by the writ petitioner.

(iii) Based on the said report, a show cause notice was issued, on 03.07.2007, to the writ petitioner calling upon him to explain why a departmental proceeding shall not be initiated against him. The writ petitioner submitted, on 12.09.2007, his reply to the said show cause notice.

(iv) As the Disciplinary Authority was not satisfied with the writ pet departmental proceeding was initiated against the petitioner by issuance of a memorandum, dated 29.10.2007, containing 8 (eight) charges framed against the writ petitioner, the charges being as follows:

(1) Neither the meeting of Governing Body nor that of District Water and Sanitation Committee was convened at fixed interval: - The Superintending Engineer, Public Health Engineering Circle, Bhagalpur has reported through letter No. 428, dated 16.05.2007, that after sanction of total cleanliness campaign in the district of Banka, only one meeting of the Governing Body was held, on 16.08.2003, Members of Bihar Legislative Assembly besides the Chairman and Member Secretary participated whereas this meeting should have been held, at least, twice in a year. Likewise, the meeting of District Water and Sanitation Committee was held three time only, i.e. on 10.07.2004, 24.04.2006 and 25.01.2007 respectively, whereas its meeting should have been held in every month. Here the signature of Chairman-cum-Chief Executive Officer, District Water and Sanitation Committee, Banka was not found on the proceeding report of the technical meeting nor was it published among the members of the committee.

(2) Not selecting the voluntary organizations: In spite of several reminders given to the Deputy Development Commissioner-cum-Chairman, District Water and Sanitation Committee and Executive Engineer-cum-Member Secretary, District Water and Sanitation Committee (Shri Kumar Manoj Nath) through letter no. P.H./B.W.S.M.-1011-64 dated 28.01.2005, letter no.-3185, dated 21.07.2005, letter no.-2152, dated 07.04.2006 and letter no.-231, dated 19.05.2006 of the Secretary-cum-Chairman, Bihar State Water and Sanitation Mission neither voluntary organizations have been selected till date nor details in this regard sent to the headquarter.

(3) To hold election of it without adopting any transparent process for benefiting some particular selected voluntary organization: - It has been detected in course of scrutiny of related records that some particular voluntary organizations have been selected not by giving on the file by Shri Kumar Manoj Nath, Executive Engineer and obtaining permission of the then Deputy Development Commissioner-cum-Chairman, District Water and Sanitation Commission