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2025 Supreme(Online)(Pat) 3597

PATNA HIGH COURT
Mr. Partha Sarthy, J
Rajesh Kumar – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Gajendra Kr. Jha, Advocate, Mr. Sushil Kumar Jha, Advocate
For the Respondents: Mr. Standing Counsel (21)

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 08-12-2025 Heard learned counsel for the parties.

2. The petitioner has filed the instant application for the following relief(s) :-

“1. That, this writ application is directed against the contained in Memo no. 16257 dated 29.08.2025 issued under the signature of the respondent Secretary whereby and where under the petitioner has been awarded the punishment of Censor (For the Year, 2022-23) and withhold three annual increments with cumulative effect, this apart, the decision for regularization of the period of suspension kept pending, erroneously, in an arbitrary manner, without the charge so leveled being proved. The order has been passed in utter violation of the provisions of the Bihar Government Servants Classification, Control and Appeal) Rules, 2005 (herein after referred to as the CCA Rules).

Admittedly, neither the presenting officer nor any witness proved the charge or the opportunity of examination/ cross-examination of the witness has been extended to the petitioner during course of the enquiry. Even after re- enquiry under Section 17 (2) of the CCA Rules, 2005, none was examined and the presenting officer fairly conce

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