CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

7 18-12-2025 Heard learned counsel for the parties.

2. Learned counsel for the petitioner submits that the petitioner who was at the relevant time posted as an Executive Engineer, Irrigation Division, Sinkandra in Jamui was proceeded against under departmental proceeding which ended in an order of punishment dated 13.2.2009 (Annexure-14) being passed on the orders of the Governor issued under the signature of the Deputy Secretary, Water Resources Department, Bihar imposing the punishment of stoppage of one increment with cumulative effect and further the petitioner would not be entitled for any other amount for the period of suspension, except for the subsistence allowance.

3. Subsequently order dated 8.6.2010 (Annexure-17)

was passed by the Deputy Secretary, Water Resources Department stating that as the order of punishment dated

13.2.2009 cannot be imposed as the petitioner was due to retire, the proceedings were converted into one under Rule 43(b) of the Bihar Pension Rules and the petitioner was served with the chargesheet in form ‘ka’.

4. The respondents thereafter came out with another order of punishment in a proceeding unde