TAPEN SEN, J. - (1.) HEARD the parties.
(2.) THE writ petitioner, Kashi Nath Sahu, has challenged the Order dated 16.1.1996 as contained at Annexure 8, passed by the Director, Soil Conservation, Government of Bihar, Patna, by reason whereof the following punishments have been imposed upon the petitioner : (a) withholding of three annual increments; (b) recovery of a sum of Rs. 11,315.50 paise from the salary of the petitioner in twenty equal instalments @ Rs. 565/ - each; and (c) no entitlement to any salary during the period the petitioner remained under suspension; and All the three punishments aforesaid were directed to be recorded in Service Book of the petitioner. The facts stated by the petitioner reveals that on 14.4.1991, one Sukhdeo Tudu, a Cashier of the Soil Conservation at Khunti, Ranchi lodged a FIR stating that he was informed by the chowkidar of the village that a Godrej Steel Almirah with cash had been stolen from the office in the night of 13.4.1991. The petitioner has stated that upon the investigation of the criminal case in relation to the aforesaid fact, the police submitted a final form and it was accepted by the trial Magistrate on 11.7.1991. Thereafter, on 8.8.1991, the petitioner was put under suspension initiating departmental proceedings and on 1.8.1992, a charge -sheet was served upon the petitioner. The charge -sheet has been brought on record by Annexure 4, but it would be relevant to deal with only charge Nos. 3, 7 and 11 because it has been admitted by both the counsels appearing for the parties that the Enquiry Officer found only charge Nos. 3, 7 and 11 proved and did not find anything in relation to the other charges. In that context, therefore, it is necessary to briefly take note of charge Nos. 3, 7 and 11 and the findings of the Enquiry Officer in relation thereto.
(3.) CHARGE No. - -3 reads as follows : - - "Disobedience of an Order passed by the District Soil Conservation Officer and submission of a false representation." Findings of the inquiry in relation to this charge is summarized as follows : "The District Soil Conservation Officer, Khunti had given an Order to Shri Kashi Nath Sahu on 26.11.1990 that he should hand over the charge of the records to Shri S. Tudu, but in spite thereof the petitioner did not do so and instead, on 13.12.1990, he submitted a false representation before the District Soil Conservation Officer, Ranchi through proper channel saying that pursuant to an order passed on 6.12.1990, he had already handed over the charge. The Soil Consideration Officer, Khunti has furnished a Report on 19.12.1990 which proves the aforementioned charge.";