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2023 Supreme(Pat) 763

MOHIT KUMAR SHAH
Abha Kumari – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr.Subodh Kumar Sinha.
For the Respondents: Mr. Aditya Nath Jha, AC to SC-18.

Mohit Kumar Shah, J. – The present writ petition has been filed seeking quashing of the order dated 30.6.2015, passed by the Special Secretary, Social Welfare Department, Government of Bihar, Patna i.e. the Respondent No. 3.

2. The present case has a chequered history, inasmuch as a departmental proceeding was initiated against the petitioner, vide order dated 23.6.2010 and a memo of charge was served upon her, whereafter she had submitted her show cause reply dated 21.7.2010 and the Inquiry Officer had then conducted the departmental proceeding, whereafter he had submitted enquiry report dated 19.10.2010, exonerating the petitioner herein, nonetheless, the disciplinary authority had passed an order of punishment dated 16.5.2011, inflicting the punishment of stoppage of three increments with cumulative effect and it was further directed that she would not be entitled to any payment for the suspension period except the subsistence allowances already paid to her. The petitioner had then filed an appeal, however, the same had stood dismissed, by an order dated 29.11.2011.

3. The aforesaid two orders dated 16.5.2011 and 29.11.2011 were challenged by the petitioner, by filing a writ petit

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