Anil Kumar Choudhary, J. - (1.) Heard the learned counsel for the petitioner and learned counsel for the respondents.
(2.) This writ petition has been filed invoking the jurisdiction of this court under Article 226 of the Constitution of India with a prayer for quashing the impugned order contained in Memo No.2155 dated 17.06.2009 issued by the respondent No.3 by which the following punishments have been inflicted upon the petitioner:- (i) Censure for the year 2005-06. (ii) Stoppage of 3 annual increments with cumulative effect. (iii) Stoppage of promotion for 5 years.
(3.) The brief facts of this case involved in this writ application is that the petitioner joined as Assistant Engineer under Water Resources Department, Patna in Monitoring Division-12 on 31st January, 1979 and since the year 2002 he is discharging the duties of Executive Engineer. Consequent upon the reorganization of States of Bihar and Jharkhand under the provisions of Bihar Reorganization Act, 2000, the final allocation of the cadre of the petitioner was done under the newly created State of Jharkhand. While the petitioner was posted as Executive Engineer, Irrigation Division, Dumka and In-charge, Irrigation Division, Godda CampMahagama, certain allegations relating to gross irregularity, corruption and acts of indiscipline were leveled against the petitioner and a Departmental proceeding was initiated against him vide Resolution as contained in Memo No.4650 dated 17.12.2005 issued under the signature of the Respondent No.3.;