IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11275 of 2009 RAMROOP SINGH S/O LATE JANKI SINGH, RESIDENT OF MOHALLA CHANKYA NAGAR KUMHARAR, P.O.- BHADURPUR HOUSING COLONY, P.S.-AGAM KUAN, DISTRICT- PATNA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, OLD SECRETARIAT, AT PATNA. 2. THE SECRETARY, PERSONAL & ADMINISTRATIVE REFORMS DEPARTMENT, OLD SECRETARIAT, P.O.- GPO, PATNA, DISTRICT – PATNA. 3. THE ADDITIONAL SECRETARY, PERSONAL & ADMINISTRATIVE REFORMS DEPARTMENT, OLD SECRETARIAT, P.O.-GPO, PATNA, DISTRICT-PATNA. 4. THE DIRECTOR, STATISTICS & PLANNING, DIRECTORATE, GOVT. OF BIHAR, OLD SECRETARIAT, P.O.-GPO, PATNA, DISTRICT – PATNA. 5. THE COLLECTOR, VAISHALI AT P.O. + P.S.+TOWN – HAZIPUR; DISTRICT – VAISHALI. ----------- For the Petitioner : M/S Rajendra Prasad Singh, Sr.Adv. Anshuman,Adv. Ramanuj Tiwary,Adv. For the State : Mr. L.P.K.Rajgrihar, A.C. to A.A.G.9. ----------- 3. 3.9.2009. Petitioner is aggrieved by the resolution of the Government bearing Memo No.11523 dated 27th October,2008 (Annexure-9) where under he has been punished with minor punishment. He is further aggrieved by the order bearing Memo No.7410 dated 29.7.2009 where under his request to reconsider the punishment order dated 27th October,2008 (Annexure-9) has been refused by the council of Ministers and the said order is contained in Annexure-12 to this application. - 2 - It is submitted on behalf of the petitioner that in 1993, he was served with show cause notice as to why did he allow payment to 13 number of employees contrary to the instructions issued by the Director Statistics. Having received the notice, petitioner submitted his reply that by the time he could receive the instructions of the Director to deduct one day salary of the employees the salary bill of the 13 employees was already sent to treasury for payment and in the circumstances prevailing then he could not with-hold the salary where after matter remained pending for about 15 years until punishment order dated 27th October,2008 (Annexure-9) was served on him. Having received the punishment order, petitioner submitted his memo of appeal requesting the council of Ministers to reconsider the punishment order as while passing the punishment order, the authorities of the department have not considered his show cause reply explaining the circumstances in which payments were made to the 13 employees. It is submitted on behalf of the petitioner that - 3 - the council of Ministers also did not consider the show cause reply and maintained the punishment order. Petitioner has filed this writ petition assailing the punishment and the appellate order and it is submitted that this Court should interfere in the matter as neither the original authority nor the appellate authority have considered his show cause reply. It is further submitted that he is presently at Sl.No.1 in the gradation list of the Bihar Administrative Service and his case is likely to be considered for promotion in the Indian Administrative Service but in view of the punishment order, his chances of promotion in the I.A.S. may suffer. In the circumstances, he has requested this Court to grant liberty to the petitioner to file a fresh representation before the departmental Minister to reconsider the punishment order dated 27.10.2008 in the light of the cause shown by him initially which could not be considered by the authorities before passing the resolution dated 27th October,2008 and the - 4 - N.H./ appellate order dated 29.7.2009 (Annexure- 12). Having heard counsel for the petitioner and the State, I grant liberty to the petitioner to assail the aforesaid two orders (Annexures 9 and 12) before the departmental authorities/council of Ministers by filing fresh representation incorporating the grounds which he had initially taken in the show cause reply filed in response to the show cause notice as also raise the submission before the authorities that on account of passage for more than 15 years the allegation levelled against him has become stale and needs to be dropped/closed. The authorities should consider the representation as early as possible in any case within one month from the date of receipt of the representation along with a copy of this order. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.) - 5 -