The petitioner has approached this Court seeking quashing of the order dated 30th September, 2003, whereby he has been awarded punishment of a black mark in his service record and it has further been ordered that the suspension period would be adjusted half earned leave with no monetary benefit. The order of appellate authority dated 18.05.2004 has also been challenged and a prayer seeking quashing of entire departmental proceeding, suspension order, enquiry report and charge sheet has also been made.

2. The petitioner was appointed in the year 1979 and he joined BMP15 at Deoghar. During his service career, he was rewarded several times. On 17.02.2003, the petitioner was suspended in contemplation of departmental enquiry on the allegation that he had abused and attempted to assault the Provost. The petitioner was served a chargesheet dated 27.03.2003 and he was directed to submit his reply within 15 days. The petitioner submitted his reply on 28.04.2003 denying the charge. He specifically submitted that he was getting ready to report for duty and during that time, the Provost came and abused him and therefore, there was an altercation (tu tu mai mai). The enquiry rep