Vijayendra Nath, J. - (1.) HEARD the learned counsel for the parties.
(2.) THIS writ application has been filed for quashing the resolution No. 687 dated 02.06.2000 (Annexure -7), resolution No. 688 dated 02.06.2000 (Annexure -8), order/notification No. 594 dated 30.06.2000 (Annexure -9) and the order dated 12.06.1999 (Annexure -1). It is apparent that by order dated 12.06.1999 the petitioner was awarded punishment of warning and by order/notification No. 594 dated 30.06.2000, the petitioner had been transferred. Further from the perusal of the writ application, it also becomes manifest that the petitioner is mainly aggrieved by the two resolutions No. 687 and 688 dated 02.06.2000 and there is no material foundation for assailing the resolution/order dated 12.06.1999 imposing punishment of warning upon the petitioner. During the course of submission also this writ application has been mainly pressed with regard to aforesaid two resolutions dated 02.06.2000. It would also be apt to mention that earlier the prayer of the petitioner for stay of the resolution/order as contained in Annexure -7, 8 and 9 was considered by this Court and by order dated 04.12.2000, this Court has stayed only the order for punishment of stoppage of two increments with cumulative effect as contained in resolution No. 687 dated 02.06.2000 (Annexure -7) and the remaining matter was directed to be examined at the time of hearing.
(3.) THE facts in brief are that the petitioner at the relevant time was holding the post of Executive Engineer, Public Health Engineering Department, Government of Bihar. He was served a show cause notice dated 30.09.1999 (Annexure -2) alongwith the chargesheet enclosed therewith and was directed to submit his explanation against the punishment for the charges levelled against him. The petitioner submitted his explanation and after considering the explanation of the petitioner, by resolution No. 687 dated 02.06.2000 (Annexure -7) the respondents have imposed the punishment (i) for recovery of Rs. 2, 28, 999/ - in installments from the salary of the petitioner and (ii) stoppage of two annual increments with cumulative effect and punishment of censure to be recorded in the character role of the petitioner for the year 1990 -91. By another resolution No. 688 of the same date i.e. 02.06.2000, the respondents further imposed the punishment (i) censure to be entered in the character roll of the petitioner for the year 1998 -99 and (ii) transfer of the petitioner to non -work cadre with immediate effect for 5 years. By further notification dated 30.06.2000 (Annexure -9) the petitioner was transferred to non -work cadre till further orders.;