Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 30.09.2012, passed by the Superintendent of Police, Bhojpur at Ara i.e. the respondent no. 4, whereby and whereunder the petitioner has been inflicted with the punishment of stoppage of increment for 06 months and further, it has been directed that salary for 123 days i.e. for the period 01.07.2011 to 31.10.2011, shall not be paid to the petitioner and instead, the same shall be adjusted as extraordinary leave. The petitioner has also prayed for quashing of the appellate order dated 17.08.2013, passed by the Deputy Inspector General, Shahabad Range, Dehri-On-Sone i.e. the respondent no. 3, by which the appeal filed by the petitioner has been rejected.

2. The brief facts of the case, according to the petitioner, are that while he was working as Constable in the District Police Force, the Superintendent of Police had issued order vide Memo dated 08.06.2011, by which the petitioner was transferred from District Police Force, Bhojpur at Ara to Rail District- Patna. It is the case of the petitioner that though the said transfer order dated 08.06.2011 was not communicated to the petitioner, however, before being relieved, he was diagnosed to be suffering from Jaundice since 23.06.2011, resulting in him not being able to work, whereafter he had contacted a doctor, who disclosed that the petitioner was suffering from Jaundice and after the doctor had given the fitness certificate, he had joined the Patna Rail Police on 23.11.2011. Nonetheless, the Superintendent of Police, Bhojpur at Ara, vide Memo dated 22.01.2012 had issued a Memo of Charge, alleging therein that the petitioner has disobeyed the order of transfer, whereafter a departmental proceeding was initiated against the petitioner and an Enquiry Officer was appointed. The Enquiry Officer had issued notice to the petitioner, whereupon the petitioner had submitted his written statement and then the Enquiry Officer had submitted the enquiry report dated 11.04.2012, wherein he has opined that the delinquent has submitted a medical certificate as also his explanation and upon perusal of the same, it transpires that the petitioner was relieved on 01.07.2011, however, before that the delinquent had contracted Jaundice on 23.06.2011, on account of which he could not submit his joining at the transferred place but as soon as he got well, he had submitted his joining at the transferred place, hence, the Enquiry Officer had recommended for exoneration of the petitioner from the charges levelled against him. Thereafter, without either differing with the opinion of the Enquiry Officer or issuing any second show cause notice, the disciplinary authority i.e. the respondent no. 4 had passed the impugned order dated 30.09.2012, inflicting punishment of stoppage of one increment for a period of six months and forfeiture of wages for the period of absence i.e. 123 days, however with a direction to adjust the said period as extraordinary leave. The petitioner had then filed an appeal before the respondent no. 3, however the same has also stood dismissed by an order dated 17.08.2013.

3. The short point raised by the Ld. Counsel for the petitioner for consideration, is that the Enquiry Officer, in his enquiry report dated 11.04.2012, has exonerated the petitioner, however the disciplinary authority has differed with the same and inflicted punishment vide order dated 30.09.2012, without either granting the petitioner an opportunity of being heard or putting forth his defense with regard to the reasons for such disagreement, thus it is submitted that the principles of natural justice have been violated.

4. Per contra, though the Ld. counsel for the respondents has vehemently opposed the prayer of the petitioner for quashing the order of punishment dated 30.09.2012 as also the appellate order dated 17.08.2013 but has not been able to show from the records that any second show cause notice was issued to the petiti