Disciplinary proceedings against a Group-A officer must comply with procedural requirements; failure to issue a show cause notice by appropriate authority renders the punishment order invalid.

JUDGMENT :

PARTHA SARTHY, J.

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant writ application praying for quashing the order of punishment contained in letter dated 31.5.2011, issued under the signature of the Special Secretary, Road Construction Department, Patna, whereby the petitioner has been awarded the punishment of “censure”, which shall be effective for three years and withholding of four annual increments with non-cumulative effect.

3. The facts in brief are that the petitioner, while posted as Executive Engineer (Mechanical Division), Muzaffarpur, was given the additional charge of Mechanical Division, National Highway Division, Muzaffarpur. By office order contained in memo dated 12.5.2009, the Hot Mix Plant, Khagaul of Tantiya was attached with the N.H. (Mechanical Division), Muzaffarpur.

4. By order dated 29.8.2009 one Subhash Kumar Das, Time Keeper, was deputed at the Hot Mix Plant, Khagaul. He did not comply with the directions contained in the order dated 29.8.2009 and instead got a complaint filed through his wife on 31.8.2009 making allegations of harassment against the petitioner. The complaint was sent to the Superintending Engineer, National Highway Road Circle, Patna, for inquiry who having inquired into the the matter submitted his enquiry report on 17.11.2009, finding the allegations levelled against the petitioner to be incorrect and also recommended that a departmental proceeding be initiated against Subhash Kumar Das.

5. It is submitted by learned counsel for the petitioner that the allegations levelled against the petitioner in the complaint were mainly two fold i.e the application made by Subhash Kumar Das on 17.08.2009 for grant of paternity leave was not accepted by the petitioner and further the order of deputation of Subhash Kumar Das to the Hot Mix Plant at Khagaul, was illegal, the same not being within the division of the petitioner. On the inquiry report having been submitted finding the allegations to be incorrect and false the same was forwarded by the Chief Engineer to the Deputy Secretary, Road Construction Department, Bihar, Patna on 15.12.2009.

6. It is further submitted that, even without waiting for the inquiry report of the Superintending Engineer, the Deputy Secretary issued a show-cause notice dated 13.10.2009 to the petitioner, to which the petitioner replied on 19.10.2009 controverting the allegations levelled against him. By order contained in letter dated 23.2.2010 the order of punishment was passed against the petitioner as stated above.

7. Learned counsel for the petitioner submits that the order of punishment was challenged in CWJC No. 6844 of 2010, which was disposed of by order dated 3.8.2010 giving liberty to the petitioner to represent before the Secretary, Road Construction Department with a direction to the respondents concerned to dispose of the representation expeditiously. The petitioner filed his representation before the Secretary, Road Construction Department and not getting any response thereto, filed another representation before the Chief Minister, who happens to be the final authority in the case of Class-I Government servant. Not having received any relief, the instant writ application has been filed for the relief stated above.

8. It is further submitted by learned counsel for the petitioner that since the petitioner had been given the additional charge of the N.H., Mechanical Division, Muzaffarpur, and the Hot Mix Plant, Khagaul, Danapur, having been attached with the said Mechanical Division, Muzaffarpur