Chakleshwar Kharwar vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 847

BIBEK CHAUDHURI
Chakleshwar Kharwar – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioner: M/s Siya Ram Sahi, Indu Bhushan.
For the Respondents: Mr. Anjani Kumar (AAG-4).
For the BPSC : M/s Sanjay Pandey, Nishant Kr. Jha.

Bibek Chaudhuri, J.—The Petitioner, Chakleshwar Kharwar, was posted as an Assistant Engineer in the Irrigation Subdivision, Murliganj under the Water Resources Department, Bihar. Allegations arose regarding his supervision of a construction project at R.D. 28.00 of Sukliasan Distributory, wherein irregularities were reported in the quality and alignment of the construction work. The Flying Squad of the department, followed by a six-member committee, conducted an investigation into the project, which found significant defects in the structure. The Petitioner was placed under suspension on 09.07.2018. The department initiated a formal enquiry under Rule 17 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005, which culminated in the imposition of a penalty for withholding four increments of pay.

2. Aggrieved by the proceedings and penalty, the Petitioner filed the present writ petition.

3. The Petitioner seeks quashing of Memo No. 826, dated 12.08.2021, issued by the Deputy Secretary, Water Resources Department, Government of Bihar, imposing a penalty of withholding four increments of pay with cumulative effect. The Petitioner also challenges Memo No. 649,