LETTERS PATENT APPEAL No.790 OF 2007 Against order & judgment dated 17.02.2006 passed in CWJC. No. 1015 of 2000. ---------- 1. THE STATE OF BIHAR 2. THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DEPUTY SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE JOINT SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA…………….RESPONDENTS-APPELLANTS Versus AWADH TIWARY, SON OF LATE KESHWAR TIWARI, RESIDENT OF VILLAGE-JAIPUR, P.S. MAHENDIA, DISTT- JAHANABAD………………………………..PETITIONER-RESPONDENT ----------- For State-appellant: Mrs. Nivedita Nirvikar, GP-16 For Respondent: Mr. Siyaram Sahi, Advocate. P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA Shiva Kirti Singh & Hemant Kumar Srivastava, JJ Heard learned counsel for the appellant, State of Bihar and learned counsel for the sole respondent. 2. Today only, L.P.A. No. 113 of 2007 has been dismissed and similar punishment imposed upon one Assistant Engineer of the same department, Sri Basudeo Narain Singh was found to have been wrongly imposed by taking recourse to provisions under Rule 55A of the Civil Services (Classification Control & Appeal) Rules (hereinafter referred to as the ‘Rules’). Recovery was also ordered from him without 2 application of mind. 3. In the present appeal, issues are identical and the writ Court has interfered with the order of punishment on the same grounds that stoppage of promotion for ten years and order of recovery of Rs.1 Lac and odd should not have been awarded against the employee under summary procedure of Rule 55A of the Rules and that the order was without application of mind. 4. In the facts of the case, we follow the judgment delivered today in L.P.A. No.113 of 2007 and find no good reason to interfere with the order passed by the writ Court. The appeal is, therefore, dismissed. No cost. 5. It goes without saying that if the law permits the appellants can proceed against the concerned employee in accordance with law. Patna High Court August 18, 2010 Md. Perwez Alam/ NAFR (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava,J.)