- (1.) Heard the learned counsel for the petitioner and the respondents.
(2.) This writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the relief by way of quashing of the order dated 29.3.2008 (Annexure 8) passed by respondent no. 4 whereby punishment has been imposed upon the petitioner In substance, petitioner was posted in the Water Resources Development Department as an Assistant Engineer. He was suspended by the then State of Bihar and his Head Quarters was fixed at Aurabgabad which, after bifurcation of the State, was changed and shifted to Deoghar where here was to report during the period of his suspension. It is also alleged that the petitioner did not remain in the Head Quarters during the period of suspension. When he was suspended, enquiry was conducted and after conclusion of the enquiry, the petitioner was awarded punishment vide Annexure 8 to the writ petition whereby three punishments were imposed on the petitioner, i.e. censure was recorded for the year 2005-06 against the petitioner; one increment was also withheld and it was further ordered that his pay for the period when he did not work shall not be paid to him.
(3.) Learned counsel for the petitioner merely contended that the punishment awarded to the petitioner is arbitrary and disproportionate to the charges made against him. It is a settled principle of law that when the court comes to the conclusion that the punishment is shocking, then the court can direct review of the punishment awarded by the enquiry officer in the proceedings.;