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2017 Supreme(Pat) 1388

RAKESH KUMAR
Rajendra Ram – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Satish Chandra Jha-3
For the Respondents: Rakesh Prabhat

ORDER :

Rakesh Kumar, J.

1. The petitioner, has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India, for the following reliefs:--

(i) To quash the resolution bearing Memo No. 1469 dated 6.2.2008 whereby and whereunder Appeal preferred by the petitioner against the punishment order dated 2.4.2007 has been rejected in a most mechanical manner without applying independent judicial mind as well as without hearing the delinquent officer and is not sustainable in the eye of law and said order is cryptic one.

(ii) To quash the resolution bearing Memo No. 3573 dated 2.4.2007 issued under the signature of Sri Rajendra Prasad, Under Secretary to the Govt., Personnel and Administrative Reforms Department, Govt., of Bihar, Patna whereby and whereunder after conclusion of departmental proceeding initiated against the petitioner in terms of Rule 55 of Civil Services (Classification, Control and Appeal) Rules, 1930 two punishments namely (i) Censure for the year (1994-95), and (ii) stoppage of two increments with cumulative effect has been imposed against the petitioner by the disciplinary authority without considering the defence submitted by the petitioner in comp














































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