JUDGMENT :

ANJANA MISHRA, J.

1. The present appeal has been preferred against the judgment dated 03.01.2018 passed in CWJC No. 2209 of 2011, whereby and whereunder the learned Single Judge has declined to entertain the writ application which was filed by the writ petitioner for quashing of the notification as contained in Memo No. 1467 dated 09.12.2009 by which the appellant- petitioner has been inflicted punishment of censure for the year 2004-05 and also for holding of two increments with non cumulative effect. The appellant-petitioner had further sought to quash the appellate order as contained in Letter No. 1465 dated 28.09.2010 issued under the signature of the Deputy Secretary, Water Resources Department, State of Bihar who has confirmed the punishment passed on 09.12.2009.

2. The facts leading rise to the present writ application can be briefly enumerated as follows:-

(a) The appellant-petitioner was appointed as Assistant Engineer in the Water Resources Department, State of Bihar in the year 1979 and, was promoted to the post of Executive Engineer on current charge basis vide Notification No. 4750 dated 29.06.2002 under the Water Resources Department and his services were made available to the Flood Control Division, Naugachhia.

(b) That while the petitioner was posted as Executive Engineer, Current Charge at Flood Control Division, Naugachhia, a proceeding was initiated against the appellant-petitioner under Rule 55(a) of the Civil Services (Classification, Control and Appeal) Rules, 1956 vide charges leveled against the appellant-petitioner vide Letter No. 34 dated 03.02.2005.

(c) The charge leveled against the appellant-petitioner was that he had not relieved the transferred Junior Engineer for about four (4) months. In response to the aforementioned charge, the appellant-petitioner submitted his explanation vide his Letter No. 163 dated 04.03.2005, in which, he clearly stated that the transfer order dated 11.02.2004 of Junior Engineer, namely Harendra Narain as contained in Memo No. 546 was received in his office on 23.02.2004. Accordingly, the appellant-petitioner vide his Letter No. 239 dated 27.02.2004 directed the concerned S.D.O. Flood Control Sub Division No. 1, Naugachhia Camp Bihpur to relieve the transferred Junior Engineer. In his reply, the appellant- petitioner had further stated that the concerned S.D.O. vide his Letter No. 16 dated 01.04.2004, Letter No. 61 dated 25.04.2004, Letter No. 64 dated 17.05.2004, Letter No. 60 dated 22.05.2004 and finally by Letter No. 69 dated 15.06.2004 directed said Harendra Narain, Junior Engineer to handover charge to Subhash Chandra Singh, Junior Engineer so that he may be relieved. However, Harendra Naraian did not handover charge.

(d) As such, the appellant-petitioner issued Letter No. 610 dated 28.05.2004 and Letter No. 731 dated 15.06.2004 to relieve the transferred Junior Engineer, in which, it was also stated by the appellant-petitioner that in case, the said Harendra Narain had not handed over charge, then his salary for the month of June, 2004 would be withheld and ultimately, the salary of the said Harendra Narain was for the month of June, 2004 was withheld. It was reiterated by the appellant-petitioner vide his Letter No. 610 dated 28.05.2004 that he had also directed the transferred Junior Engineer to handover charge to Subhash Chandr Singh, Junior Engineer.

(e) The concerned Sub Divisional Officer informed the appellant-petitioner that Harendra Narain was not handing over charge even after several directions and as such, could not be relieved and, therefore, the petitioner vide his Letter No. 773 dated 26.06.2004 himself directed the Transferred Junior Engineer to handover charge immediately or he would be relieved unilaterally at the divisional level itself and in the event of any difficulty being caused, the same will be his own disadvantage. Another Letter No. 783 dated 28.06.2004 was issued by the appellant-petitioner, by which the concerned S.D.O. was directe