- (1.) In this, writ application, the petitioner has prayed for quashing that part of the impugned order dated 31.01.2006 issued by the respondent No. 3 wherein an order of punishment has been passed against the petitioner of stoppage of two increments with cumulative effect and censure as well as non-entitlement of salary during the period of suspension except subsistence allowance. By way of amendment which has been allowed vide order dated 02.03.2009 the petitioner has also sought to challenge the order No. 549 (2) dated 20.10.2008 as well as letter dated 06.11.2008.
(2.) While working as a Medical Officer, Primary Health Centre, Madhupur, Deoghar, the petitioner was suspended on 04.10.2002 in terms of the letter dated 24.04.2002 issued by the Civil Surgeon-cumChief Medical Officer, Deoghar on account of unauthorized absence from duty. The petitioner had submitted an explanation to the charges on 16.05.2005 citing appearance before the Civil Court, Giridih as well as subsequent ill health of his wife for his absence. In the enquiry report as per the petitioner's own saying the charges against the petitioner was not proved but inspite of the same an order was passed by the disciplinary authority on 31.01.2006 by which two yearly increments had been stopped with cumulative effect and for the suspension period save and except subsistence allowance nothing was admissible and the petitioner was also inflicted with an order of censure.
(3.) During the pendency of the writ application a further order as contained in Memo No. 549 (2) dated 20.10.2008 was issued in which the period from 23.08.2001 to 30.09.2002 and 31.01.2006 to 26.02.2006 has been treated to be break in service.;