- (1.) HEARD learned counsel for the petitioner and the learned counsel for the State.
(2.) THOUGH by order dated 7.4.2006, the respondents -State was directed to file counter affidavit, but no such counter affidavit has been filed as yet. Learned counsel for the State submitted that he is prepared to argue the case on merit even without any counter affidavit since counter affidavit would not be required in the fact and circumstances of the case. Accordingly, this writ petition is being disposed of with the consent of the parties at the stage of admission itself. The petitioner was working as an Assistant in the Sub Divisional Office at Sahebganj. A departmental proceeding was initiated against him for certain charges and on the basis thereof he was awarded certain punishment vide memo no. 13 dated 4.1.1997. The petitioner challenged the said order of punishment before the Patna High Court in C.W.J.C. No. 3506 of 1997. The Patna High Court by its order dated 4.1 .1999 as contained in Annexure 2 to the writ petition, disposed of the said writ petition after noticing the fact that while passing the said impugned order dated 4.1.1997, the principle of natural justice was not followed and the order of break -in -service and withholding of three increments with cumulative effect was passed against the petitioner. The High Court set aside the said order dated 4.1.1997 awarding punishment of break -in service and withholding of three increments. However, liberty was given to authority concerned to proceed afresh in the matter in accordance with law.
(3.) THE petitioner, in the meantime, retired from service on 31.3.2001. It appears that after the retirement of the petitioner from service on 11.8.2001 a notice to show cause was issued to him asking to show cause regarding the recommendation made by the Enquiry Officer in the proceeding initiated. When no reply was received, another show cause notice dated 19.2.2002 was issued to the petitioner vide Annexure -3 to show cause to which the petitioner replied vide Annexure -4. Thereafter, it appears that the respondents issued an office order as contained in Annexure -1 dated 22.8.2003 whereby the concerned authorities partially modified/ amended the earlier order of punishment dated 4.1.1997 and awarded the punishment of break -in -service in between the ' period 26.9.1994 to 12.9.1996 declaring it to be un -authorized absence of the petitioner and thereby awarded punishment of withholding one increment.;