The petitioner challenged impugned departmental orders imposing reduction to minimum scale of pay via a writ petition. The single judge examined the proceedings and held the punishment was valid as it followed due process.
Writ petition treated as withdrawn without prejudice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11823 of 2012
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Chandra Bhushan Prasad S/O Late Rajkeshwar Sharma R/O Road No. 16, Rajiv Nagar, P.S.- Rajiv Nagar, District- Patna.
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Respondent/s : Mr. Ajay Kumar, AC to GP-4
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Patna High Court CWJC No.11823 of 2012(4) dt.14-12-2023 2/4
Patna High Court CWJC No.11823 of 2012(4) dt.14-12-2023 3/4
departmental enquiry the Conducting Officer had submitted the report to the department vide letter dated 24.01.2007 and the department has asked second show-cause to the petitioner on 08.01.2008. Thereafter, the petitioner has submitted the reply to the second show-cause on 24.01.2008 and after considering the second show cause submitted by the petitioner the Department had proposed punishment of reduction to the minimum scale of pay and payment of only subsistence allowance for the suspension period and the same punishment was referred to the Bihar Public Service Commission for its concurrence and the Commission concurred the proposed punishment vide its letter no.1028 dated 30.07.2009 and after the consent of the BPSC, the punishment order was issued vide notification no.8775(s) dated 14.08.2009.
Patna High Court CWJC No.11823 of 2012(4) dt.14-12-2023 4/4
been passed against the petitioner and there is no illegality or infirmity in the impugned order.
petition is dismissed.
(Rajesh Kumar Verma, J)
Prakash Narayan U
2 issues framed by the court
Whether the high court should interfere to reduce the departmental punishment of reduction to minimum scale of pay imposed on the petitioner.
Whether the writ petition challenging the orders of departmental proceedings and punishment imposition has any merit.
Chandra Bhushan Prasad
The State of Bihar through its Chief Secretary
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
