IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1383 of 2011 In Civil Writ Jurisdiction Case No. 11915 of 2006 ====================================================== Sanjay Kumar, son of Guru Charan Chaudhary, Mohalla Mahal Path, P.S. Bihar Sharif, Nalanda. .... Petitioner.... Appellant Versus 1. The State of Bihar through the Commissioner-cum-Secretary, Commercial Taxes Department, Government of Bihar, New Secretariat, Patna. 2. The Joint Commissioner, Finance Department (Commercial Taxes), New Secretariat, Government of Bihar, Patna. 3. The Enquiry Officer-cum-Joint Commissioner, Commercial Taxes, Government of Bihar, New Secretariat, Patna. .... Respondents .... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Basant Kumar Chaudhary, Sr. Advocate with Mr. Arvind Kumar, Advocate For the Respondent/s : Mr. Ajit Kumar, A.C. to A.G. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 15-11-2011 Feeling aggrieved by the judgment and order dated 8th July 2011 passed by the learned single Judge in above CWJC No. 11915 of 2006, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The matter at dispute is the punishment of withholding of three increments with cumulative effect and withholding of the promotion for five years imposed upon the appellant, the then Patna High Court LPA No.1383 of 2011 (4) dt.15-11-2011 2 / 2 2 Treasury Officer, for the acts of commission and omission amounting to misconduct proved against him . The only contention raised before us is that the punishment imposed upon the appellant is too harsh and is not commensurate to the gravity of the guilt proved against the appellant. We have perused the enquiry report and the order of the disciplinary authority. We are unable to hold that the punishment imposed upon the appellant is too harsh or is not commensurate to the guilt proved against the appellant. No other contention has been raised before us. Appeal is dismissed in limine. B.Tiwary/Anjani/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)