IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13385 of 2010 1. JWALA PRASAD S/O LATE VIMAL RAM R/O VILL BARDIHA, P.O.CHANDI, P.S.CHARPOKHARI, DISTT-BHOJPUR AT ARA, AT PRESENT POSTED AS EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARD, DIVISION, GAYA, DISTT-GAYA Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HOUSING GOVT. OF BIHAR, NIRMAN BHAWAN, BAILEY ROAD, PATNA 3. THE DEPUTY SECRETARY, DEPARTMENT OF HOUSING GOVT. OF BIHAR, NIRMAN BHAWAN, BAILEY ROAD, PATNA 4. THE MANAGING DIRECTOR, THE BIHAR STATE HOUSING BOARD 6, MANGLES ROAD, PATNA 5. THE SECRETARY, THE BIHAR STATE HOUSING BOARD 6 MANGLES ROAD, PATNA ----------- For the petitioner : Dr. Kislay, Advocate. For the Board : Mr. R.S.Pradhan, Senior Advocate. Mr. Ram Kishore Singh, Advocate. ======= 3. 26.08.2010. Heard learned counsel for the petitioner and the counsel for the Bihar State Housing Board (hereinafter referred to as the “Board”). 2. Petitioner is serving the Board on the post of Executive Engineer. He has filed this writ application challenging the office order no. 1 bearing Memo No. 854 dated 4.2.2010, Annexure-2, whereunder he has been punished in the light of the report of the Enquiry Officer after conclusion of the departmental proceeding with punishment of censure, stoppage of three increments with cumulative effect. Perusal of the impugned order indicates that he has been found guilty of the three charges levelled against him i.e. he allowed a IVth Grade employee of the Board Sri Gajanand Singh to let out Low Income Flat No. 106 to a stranger for earning rent - 2 - therefrom. Another charge which has been found proved against him is that he allowed the allottee of Low Income Group House No. 82 to raise illegal boundary wall, the third charge proved against him is that he allotted House Nos. 66 and 86 to his own men and himself occupied House No. 83 without there being any allotment order in his favour. 3. Learned counsel for the petitioner submitted that the findings recorded in respect to charge nos. 1,4 and 7 is wholly erroneous as petitioner never allowed Gajanand Singh to let out Flat No. 106 which was let out by Gajanand Singh himself way back in 1981 and after petitioner was posted at Bhagalpur in the year 2000 he got Flat No. 106 vacated from the unauthorized occupant. As regards charge no. 4 that petitioner allowed illegal boundary wall to be raised by the allottee of House No. 82 it is submitted that petitioner got the boundary wall demolished after filing of a case against the allottee of the said house. As regards charge no. 7 it is submitted that petitioner occupied House No. 83 after the same was allotted in his favour by the Board and he is paying rent of the said flat in the light of the allotment order. About illegal allotment of the two other houses i.e. House No. 66 and 86 it is submitted that those houses have also been occupied by those who have been allotted the two houses - 3 - under the resolution of the Board and they are not the illegal allottee. 4. The dispute raised by the petitioner that the order of the Managing Director punishing petitioner proceeds on incorrect facts as has been noted above can be better appreciated if petitioner challenge the impugned order of the Managing Director dated 4.2.2010 by filing an appeal against the same before the State Government as is provided under Section 23 of the Bihar State Housing Board Act, 1982. The appeal should be accompanied by a copy of my order and the appellate authority i.e. is the State Government should consider the same and dispose of the appeal as early as possible, in any case within a period of three months of its receipt by passing a speaking order. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)