ORDER :

1. The appellate order of punishment is under challenge in this writ petition.

2. The petitioner who was appointed on 06th September 1977 on the post of Forester was served a charge-memo on 14th July 1992 containing allegations that in the year 1986 and 1987 he caused financial loss to the Bihar State Forest Development Corporation. A departmental inquiry proceeded in which the petitioner was offered opportunity to defend himself. A copy of the inquiry report was provided to him and vide letter dated 25th October 1997 second show-cause notice was issued to him. The General Manager, Minor Forest Produce Project Circle, Hazaribagh accepted the findings of the inquiring officer that the charges were proved.

3. Finding no substance in the reply submitted by the petitioner in response to the second show-cause dated 25th October 1997, the disciplinary authority by an order dated 14th February 2003 inflicted punishment of (i) recovery of Rs. 3,58,315/- and (ii) stoppage of three annual increments which shall have future effect. The appellate authority took note of office order dated 26th December 1986 a copy of which has been filed by the respondent-Corporation in supplementary affidavit dated 11th January 2010 vide Annexure-A and reduced the amount of recovery from the petitioner to Rs. 1,56,904.65. The penalty of stoppage of three annual increments was also reduced to forfeiture of one year's annual increment with future effect.

4. The petitioner superannuated w.e.f. 31st January 2010.

5. Mr. Bhanu Kumar, the learned counsel for the petitioner submits that the appellate order dated 27th May 2008 is unsustainable for two reason viz. (i) the appellate authority did not take note of the instances specifically referred to by the petitioner in the memorandum of appeal that several other employees were exonerated on the ground that 10% driage is permissible and (ii) imposition of two penalties in a departmental proceeding is not permissible unless the rules specifically provide so.

6. It is admitted at Bar that the Conduct and Discipline Rules applicable to the government employees are applicable to the employees of Bihar State Forest Development Corporation.

7. Rule 2 of the Bihar and Orissa Subordinate Services (Discipline and Appeal) Rules, 1935 reads as under:

“2. The following penalties may, for good and sufficient reasons, be imposed upon any member of a Subordinate Service:

(i) Censure.

(ii) Withholding of increments or promotion, including stoppage at an efficiency bar.

(iii) Reduction to a lower post or time-scale or to a lower stage in a time scale.

(iv) Recovery from pay of the whole or part of any pecuniary loss caused to government by the negligence or breach of order.

(iv-a) Compulsory retirement.

(v) Fine.

(vi) Suspension.

(vii) Removal from the Civil Service of the Crown, which does not disqualify from future employment.

(viii) Dismissal from the Civil Services of the Crown which ordinarily disqualifies from future employment:

Provided that the penalty of fine shall be imposed only on menials and inferior servant.

Explanation 1 - The discharge:

(a) of person appointed on probation, during or at the end of the period of probation, on grounds arising or at the specific conditions laid down by the appointing authority, e.g. want of vacancy, failure to acquire prescribed special qualification or to pass prescribed test.

(b) of a person appointed, otherwise, than under contract, to hold a temporary appointment, on the expiration of the period of the appointment.

(c) of a person engaged under contract in accordance with the terms of his contract does not amount to removal or dismissal within the meaning of this rule.

Explanation 2 - The discharge of a probationer, whether during or at the end of the period of probation for some specific fault or on account of his unsuitability for the service amounts to removal or dismissal within the meaning of the rule.

Explanation 3 - Compulsory retirement of a Government servant in accordance with the prov