PATNA HIGH COURT ISSUES JUDGEMENT ON VIJAY NARAYAN V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Oct. 24 -- Patna High Court issued the following judgment on Sept. 24:

Heard Mr. D.K.Sinha, learned senior counsel for the appellant assisted by Mr. Bajrangi Lal, learned counsel and Mr. Vivek Prasad, learned counsel for the Bihar State Electricity Board now Bihar State Power Holding Company Limited.

2. The present appeal is directed against the order dated 28.07.2022 passed in CWJC No. 1433 of 2008 whereby the Hon'ble Single Judge has been pleased to reject the claim of the appellant holding that the appellant is not entitled to alter his date of promotion to the post of Section Officer from 01.04.1998 to 22.11.1997.

3. The question of consideration in the present appeal is that the status of warning amounts to the punishment or not? The limited issue involved in the present case is that in the year 1998 a departmental proceeding was initiated against the appellant. The appellant was held guilty but the order of punishment was reduced to warning by the appellate authority and the appointing authority had affirmed the order of the enquiry officer. The appointing authority after enquiry had exonerated the appellant from all the charges. The disciplinary authority differed with the recommendation of the enquiry officer and had held that the appellant is guilty and awarded him punishment of withholding of three increments.

4. Learned counsel for the appellant submits that the appellant had preferred an appeal before the appellate authority and the appellate authority after due consideration of all the facts had been pleased to set aside the order of the disciplinary authority and had modified the order of the punishment only with a remark of warning. He further submits that the appellant was eligible for promotion to the post of Section Officer on 22.11.1997 but he has given promotion w.e.f. 01.04.1998.

5. Learned counsel for the appellant submits that the learned Single Judge while considering the case of the appellant had relied upon the amended provision i.e., Regulation 29 (B) of the Bihar State Electricity Board Regulation, Patna which came into force on 21.11.1998 and the departmental proceeding was initiated against the appellant on 04.09.1998 which suggest that on the date on which the departmental proceeding was initiated against the appellant the said amended provision i.e., Regulation 29 (B) of the Bihar State Electricity Board Regulation was not in existence. Apart from that, on the date of eligibility no proceeding was pending against the appellant and the appellant was entitled to the promotion to the post of Section Officer w.e.f. 22.11.1997 instead of 01.04.1998. The appellant has been superannuated from the post in question in the year 2012 itself.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MyM1NDQjMjAyMiMxI04=-j7cR0a0qbmo=

Disclaimer: Curated by HT Syndication.