PATNA, India, Sept. 29 -- Patna High Court issued the following judgment on Aug. 29:

Heard Mr. Bindhyachal Singh, learned Senior Counsel for the petitioner and learned counsel for the State.

2. The petitioner has moved the Court for the following reliefs:

"i) For issuance of writ in the nature of certiorari for quashing the punishment order contained in memo no. 8564 dated 31.05.2022 whereby the petitioner has been inflicted with the punishment of (i) censure for year 2019-20 and (ii) reduction to a lower stage in the timescale of pay without cumulative effect. ii) For issuance of writ in the nature of certiorari for quashing the memo of charge served to the petitioner vide show-cause notice dated 16.12.2021.

iii) For holding that the entire departmental proceeding is vitiated and unsustainable considering the fact that the enquiry report has not been supplied to the petitioner and the proceeding is based on the opinion sought from the department which was submitted by one of the witness to the departmental proceeding.

iv) For issuance of any other appropriate writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case."

3. The learned Senior Counsel for the petitioner bringing the brief facts relevant for the present petition has submitted that the petitioner joined in the Bihar Administrative Service through 36th Bihar Public Service Commission in the year 1992 and the name of the petitioner figures at serial no. 78 in civil list of the year, 1992 of the Bihar Administrative Service published by General Administration Department, Government of Bihar. Further it is submitted that the petitioner was under the additional charge as In-charge District Supply Officer, Saharsa and was discharging his duties diligently to the best of his abilities.

4. It is next submitted that a show cause notice bearing memo no. 4522 dated 24.09.2019 was served upon the petitioner on 11.10.2019 by the department of Food & Consumer Protection, seeking explanation for non-performance in the work of Aadhar seeding of the beneficiaries of priority households under National Food Security Act, delay in issuing of new ration cards to the eligible left out beneficiaries who had applied for the same, delay in verification of beneficiaries of Antyoday Scheme, delay in furnishing details regarding P.D.S. licensees of Saharsa district etc. In pursuance thereof the petitioner filed his explanation on 14.10.2019 which was sent to the Department of Food & Consumer Protection vide memo no. 592 dated 15.10.2019 by the office of District Supply Officer, Saharsa. A copy of the said explanation was also submitted by the petitioner to the controlling office, i.e. the District Officercum-Collector, Saharsa who had recommended to the Secretary, Food & Consumer Protection, Government of Bihar to absolve the petitioner from the said allegations vide letter no. 599 dated 18.10.2019 as the progress of work was satisfactory and considering the facts and circumstances the allegations against the petitioner does not seem appropriate and therefore recommendation was made to clear the charges levelled against the petitioner.

https://patnahighcourt.gov.in/viewjudgment/MTUjMTQ2MSMyMDIzIzEjTg==-NnK3xWqFd6k=

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