IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3942 of 2002 DILIP KUMAR SINHA son of sri Nagendra Kr. Sinha, resident of village Sirchandpur, P.S. Harnaut, Distt. Nalanda, at present posts as Junior Engineer, Food Control Division, Brahmpur,Distt. Buxar. ........ Petitioner Versus 1. THE STATE OF BIHAR through Commissioner cum Secretary, Department of Water Resources, Govt. Of Bihar 2. The Deputy Secretary, Water esources(Irritation) Department, Government of Bihar. 3. The Executive Engineer, Flood Control Division, Brahmpur, District, Buxar. ........ Respondents. 6 27-11-2008 Heard learned counsel for the petitioner and learned counsel for the State. By the impugned order dated 26-11-2001 (Annexure-5) petitioner who at the relevant time was Junior Engineer looking after Western Embankment Division, Kunauli ( years 1992-93) has been awarded punishment of censure for the relevant period and recovery of Rs.45,318/- has also been ordered against him. It has been submitted on behalf of the petitioner that initially 13 persons were asked to show cause on the basis of report of the Flying Squad which inspected the actual site where the boulders were found much less in quantity than what they should have been . But after asking for show cause and after detailed departmental - 2 - Naresh proceeding only three persons have been punished. It has been submitted on the basis of annexure-9 that the then Executive Engineer Shri Kedar Nath Rai has been awarded only the punishment of censure and on the basis of annexure-11 it has been submitted that the then Assistant Engineer one Vinod Kumar has been exonerated of charges levelled against him. This court finds that fair opportunity was given to the petitioner in the departmental proceeding and considering the nature of allegation and role of different persons at the site, there is no substance in the submission that since different officers have been punished differently or some have been exonerated therefore petitioner has been disciminated. This court finds no good reasons to interfere with the impugned order of punishment. The writ petition is dismissed. (Shiva Kirti Singh,J)