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2023 Supreme(Pat) 449

PRABHAT KUMAR SINGH
Kamala Kant Singh, Son of Late Ram Surat Singh – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjay Kumar.
For the Respondents: Mr. Birju Prasad.

JUDGMENT :

Writ petition has been filed for quashing notification contained in Memo no. 1231(9) H Pat dated 5.12.2017 by which respondents have inflicted punishment by which the period since May, 2014 to 10.5.2016 (annexure 9) during which petitioner was found to be on unauthorized absence and will not be counted for calculation of pension. Further, punishment has been imposed for stoppage of three increment without cumulative effect and lastly withholding of promotion for 10 years.

2. While the petitioner was posted as the Medical officer at Veer Additional Primary Health Centre, Dhanarua in the Patna District, a departmental proceeding was initiated against him vide resolution contained in memo no. 505(9) dated 10.5.2016 (Annexure 9). Additional Director was appointed conducting officer, whereas the in-charge Medical Officer, Dhanarua was appointed as Presenting officer in the said departmental proceedings. Petitioner appeared and submitted his reply and thereafter enquiry report was submitted on 9.12.2016 (Annexure 10). None of the charges were found proved by the conducting officer. However, the Disciplinary Authority differing with the same issued second show cause vide letter

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