IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14806 of 2010 1. RAM NARAYAN PRASAD S/O LATE TUNNI SINGH R/O VILL.- MANSINGHPUR, P.S.- NAGARNAUSA, DISTT.- NALANDA, PRE SENTLY FUNCTIONING AS ASSISTANT TEACHER, MADHYA VIDYALAYA, LODIPUR, NAGARNAUSA, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, VIKAS BHAWAN, BAILEY ROAD, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 3. THE COLLECTOR, NALANDA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA 5. THE BLOCK DEVELOPMENT OFFICER NAGARNAUSA, DISTT.- NALANDA 6. THE AREA EDUCATION OFFICER, NOOR SARAI, DISTT.- NALANDA 7. THE INCHARGE HEAD MISTRESS, MADHYA VIDYALAYA LODIPUR, NAGARNAUSA, DISTT.- NALANDA 8. THE ADHYAKSHA, VIDYALAYA SHIKSHA SAMITI MADHYA VIDYALAYA, LODIPUR, NAGARNAUSA, DISTT.- NALANDA ----------- 2 22/04/2011 Since the punishment in question is a minor punishment which is withholding of two increments without cumulative effect and this order was issued on 19.02.2008, the order has run its course. No damage has been done to the petitioner except that the increment has been deferred for two years when it was payable to him. It is not a case where there is no material whatsoever. If - 2 - the respondents do not want to proceed against the petitioner for major punishment, there was no compulsion for the State for holding a departmental enquiry or framing of charges as such for holding a departmental enquiry against the petitioner. Since the so called punishment was non-cumulative in nature, petitioner will beget the benefit of increment after passing of the period. This writ application is dismissed with the above observation. AMIN/ (Ajay Kumar Tripathi, J.)