1. Heard Mr. Ajay Kumar, learned counsel for the petitioner and Sri Mrityunjay Kumar, learned AC to AAG No. 10.

2. The petitioner, invoking writ jurisdiction of this court under Article 226 of the Constitution of India has prayed for quashing of an order dated 6.7.2005 passed by the Joint Secretary to the Government, Minor Irrigation Department, Bihar, Patna. By the said order after departmental enquiry the petitioner was inflicted with three punishment which are:- (1) censure for 2000-2001 (2) withholding of 3 increments without cumulative effect; and (3) the petitioner was not required to get anything during his suspension period save and except subsistence allowance. The petitioner has also prayed for quashing of an order dated 18.4.2007 passed by Deputy Secretary, Minor Irrigation Department, Government of Bihar whereby appeal preferred by the petitioner against the order of punishment was rejected.

3. Short fact of the case is that the petitioner on certain charges was put under suspension vide order contained in Memo No. 4770 dated 20.9.2003 in contemplation of the departmental enquiry. Thereafter memo of charge was served through Annexure - 5 to the writ petition a