IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3964 of 2007 Vishnu Dayal Singh, SON OF LATE SRI RAM PRATAP SINGH, AT PRESENT ASSISTANT ENGINEER, GANDAK DESIGN. DIVISION NO. 3, SIWAN, POLICE STATION- SIWAN. DISTT- SIWAN :--- PETITIONER. Versus 1. The State Of Bihar THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE COMMISSIONER, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DEPUTY SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE SPECIAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE ENGINEER-IN-CHIEF, WATER RESOURCES DEPARTMENT, BIHAR, PATNA. 6. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, BHAGALPUR. 7. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, PLAN AND MONITORING CIRCLE-2, PATNA :-----RESPONDENTS. ---------------------------------- 2. 28.09.2011. Heard learned counsel for the petitioner and the State. 2. At the relevant time petitioner served as Assistant Engineer, Irrigation Division, Tarapur. He has filed this writ petition challenging the Government Order bearing Memo No. 560 dated 05.08.2004, issued under the signature of the Deputy Secretary, Water Resources Department, Annexure-1, whereunder in consideration of his second show-cause reply he has been visited with the punishment of censure recorded in his Service Book for the year 2000- 2001, stoppage of two increments without cumulative effect, no salary beyond 2 Subsistence Allowance for the period of suspension but the said period shall be taken into account for granting the petitioner pension, no posting in the Works Division for ten years and stoppage of promotion for the next five years. Against the aforesaid order petitioner filed representation which was considered by the same authority which had approved the aforesaid punishment and under order bearing Memo No. 653 dated 23rd June, 2006, Annexure-2 the punishment of stoppage of two increments without cumulative effect has been withdrawn maintaining the other punishments. Aforesaid two orders dated 5.8.2004, 23.6.2006, Annexures-1,2 have been passed with the approval of the Government, meaning thereby with the approval of the Departmental Minister, as petitioner was the member of the Bihar Engineering Service, Class-II. 3. Against the order of the Departmental Minister, petitioner has a remedy of appeal before Hon’ble Chief Minister which remedy petitioner has not availed so far, as is evident from not only the writ petition but also the counter affidavit filed on behalf of Respondent Nos. 2-5. In the circumstances, 3 the writ petition is disposed of granting liberty to the petitioner to challenge the aforesaid two orders dated 5.8.2004, 23.6.2006, Annexures- 1,2 by filing appeal before the appellate authority, namely, Hon’ble Chief Minister, which should be considered in accordance with law, as early as possible, in any case within a period of two months from the date of receipt of the memo of appeal in the secretariat of the Hon’ble Chief Minister. P.K.P. (V.N.Sinha,J.)