IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6844 of 2010 1. AJAY KUMAR SINGH, S/O SRI VIJAY PRATAP SINGH, R/O MOHALLA - VIJAY NAGAR, P.S.- DANAPUR, DISTRICT-PATNA. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY,ROAD CONSTRUCTION DEPARTMENT,BIHAR,PATNA. 3. THE DEPUTY SECRETARY,ROAD CONSTRUCTION DEPARTMENT,BIHAR,PATNA. 4. THE CHIEF ENGINEER, (MECHANICAL WING), ROAD CONSTRUCTION DEPARTMENT,BIHAR,PATNA. ----------- 3. 03.08.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The only issue for consideration in this case is with regard to the punishment of censure and stoppage of two increments with non cumulative effect upon the petitioner. Counsel for the petitioner contends that these two minor punishments have been imposed after a show cause notice when the enquiry report of the Superintending Engineer and the Chief Engineer dated 17.11.2009 and 15.12.2009 respectively did not hold the petitioner responsible in any manner for the incident. There was no justification for imposition of the aforesaid punishment by order dated 23.2.2010. Counsel for the State submits that order dated 23.2.2010 stands explained in the counter affidavit that no punishment has been imposed on the petitioner till date with regard to stoppage of increments or censure and the matter is still pending consideration before the State Government and a final appropriate decision is yet to be taken in the matter. On the own stand of the respondent State in the counter affidavit before this Court the recitals in the order dated 23.2.2010 that a final decision on the issue of punishment had been taken in the enclosures thereto stands negated. No formal orders quashing the punishment at this stage are required in view of the stand of the respondents themselves that no final order of punishment exists. Learned Counsel for the petitioner next contends that if communication dated 23.2.2010 is not a final order there was no occasion for transfer of the petitioner on that ground which is clearly premature and non-est. If the petitioner represents before respondent no. 2 along with a copy of the present order in the light of the stand taken by the respondents themselves before this Court let such representation with regard to his transfer be considered and disposed off expeditiously within a maximum period of two weeks from the date of receipt of the representation. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)