AWADH BIHARI LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and (earned counsel for the State. The petitioner was subjected to a departmental proceeding on two charges. Final order of punishment has been passed on 4,4.2007 visiting him with the punishment of censure to be entered in his confidential record and stoppage of three increments with non-cumulative effect.

(2.) Learned counsel for the petitioner has raised a very, short question of law. He submits that the petitioner has been exonerated of the second charge. The finding of guilt on the first charge is based on conjectures and surmises. It is submitted that there had to be a specific finding of guilt before any punishment could be imposed.

(3.) The writ petition was filed on 19.1.2009. A counter affidavit has been (s/c-filed?) by the Deputy Secretary in the Rural Development Department that the answerability lies with the Personnel Department.