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

2. Punishment of Censure and withholding of three annual increment with cumulative effect vide order bearing Memo No. 4573 dated 16.10.2009 issued by the Respondent No. 3 is under challenge by the petitioner. Charge sheet is contained in office order no. 21 bearing Memo No. 317 dated 10.02.2009 at page-108 of the counter affidavit.

3. Petitioner was proceeded for the following charges:

i. Petitioner, the then, Inspector, Weights and Measure, Bermo at Tenughat had appeared and deposed falsely as a witness without permission of the Government.

ii. He had contravened the provisions of Standards of Weights and Measurement (Enforcement) Act, 1985 in the verification and sealing process.

iii. He failed to realize Government revenue as per the Weights and Measurement (Enforcement) Rules, 1988/01, thereby caused loss to the State Exchequer.

4. Deputy Director, Agriculture cum Joint Controller, Weights and Measure, Ranchi was appointed as the Conducting officer and Assistant Director, Agriculture cum Deputy Controller, Weights and Measure, Hazaribagh as Presenting officer. Inquiry officer was directed to conclude the inquiry within 90 days. Inquiry was undertaken. Petitioner participated in the inquiry and submitted his defence. He was found guilty of the charges by the Inquiry officer, as per the report dated 02.05.2009 annexed as Annexure-A to the counter affidavit. On consideration of the inquiry report, the order of punishment was passed. Loss to the State Exchequer was also directed to be recovered from his salary which exercise was to be done by the Assistant Director, Agriculture cum Deputy Controller, Weights and Measure, Hazaribagh. The Disciplinary Authority/Director, Agriculture also held that he would not be entitled for salary beyond subsistence allowance.

5. Petitioner has contended that he was discharging his duty to the utmost satisfaction to his superior. One complaint case was filed by one Arjun Prasad Shrivastava, Manager of Jai Jawan Service Station being Complaint Case No. 10/2002 against one Birendra Kumar Sinha for the offences under sections 164, 166 and 389 of the Indian Penal Code in which petitioner was also named as a witness. Summons were issued upon him. He sought permission to appear before the learned court vide Annexure-2. He again filed an application on 10.04.2007 seeking permission for recording his evidence and also on 18.09.2007 (Annexures-3&4). According to him, Trial Court had issued summons directing him to appear on 27.03.2008. He again made an application before the Assistant Director, Agriculture cum District Controller, Weights and Measurement Division, Gaya seeking permission on 04.02.2008 (Annexure-5). Summons were again issued on 28.08.2007 (Annexure-6) and again on 14.08.2008, where after he again sought permission on 09.09.2008 for adducing evidence. Another summon was issued on 24.09.2008. These are Annexure-7 series to the writ petition.

6. It is the case of the petitioner the he deposed before the competent court of criminal jurisdiction pursuant to such summons and have made several applications for seeking permission before the competent authority which were duly received. Petitioner was allocated to the Successor State of Jharkhand and released by the State of Bihar on 30.09.2007. His suspension was recommended by order of Respondent No. 3 on 16.01.2008. Petitioner was placed under suspension on 20.11.2008 without any opportunity of giving his reply to the show-cause letter dated 06.08.2008. He requested for revocation of his suspension on 05.12.2008 and to grant him proper posting vide Annexure-12. He was directed to join before the Respondent No. 3, as per order dated 19.12.2008 bearing Memo No. 3071. Petitioner contended that this action was taken on the complaint of the accused Birendra Kumar Sinha against whom he had deposed pursuant to the summons issued by the learned court and after repeatedly seeking permission