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2024 Supreme(Online)(Pat) 397

PATNA HIGH COURT
SUNIL KUMAR – Appellant
Versus
THE STATE OF BIHAR and ORS – Respondent


ORAL JUDGMENT

Date : 03-01-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The present writ petition has been filed for quashing the Memo No.11485 dated 13.10.2011 issued under the signature of the respondent no.4 by which the petitioner has been punished withholding of the five increments with cumulative effect and further he has been held to be not entitled for anything other than Subsistence Allowance during the period of his suspension.

3. Learned counsel for the petitioner submits that the petitioner was appointed as a Deputy Collector on 02.01.1987. In the Year, 2008 Madhepura P.S. Case No. 135 of 2008 was instituted against him and thereafter a departmental proceeding was also initiated against the petitioner. 4. On 24.09.2008, the petitioner was suspended under Rule 9(1)(Ka) of the Bihar Civil Services (Classification, Control and Appeal) Rules, 2005. The concerned authority has directed the petitioner to submit his explanation to the memo of charge. On 16.04.2009, the petitioner submitted his reply to the memo of charge. In the year, 2009, the police has submitted a final form in favour of the petitioner. During the pen

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