IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13702 of 2008 Dwarika Prasad Singh, Son of Late Jagdeep Narain, Resident of Village and Post-Sikathi, P.S.-Dhansoin, District-Buxar(Bihar) working in Public Health Engineering Department (PHED) as Chief Engineer. . ………….Petitioner. Versus 1. The State of Bihar through the Secretary, P.H.E.D., Government of Bihar, Nirman Bhawan Campus, Bailey Road, Patna 2. Deputy Secretary, P.H.E.D., Government of Bihar, Nirman Bhawan Campus, Bailey Road, Patna. 3. Engineer-in-Chief-Cum-Special Secretary, P.H.E.D. Bihar Nirman Bhawan Campus, Bailey Road, Patna. ……….Respondents. ----------- 2/ 05.07.2010 Heard counsels for the petitioner and the State. Petitioner has filed this application for quashing the Resolution No. 309 dated 29.07.2008, issued by Deputy Secretary, P.H.E.D., Government of Bihar (respondent No.2), whereby punishment of censure has been awarded to the petitioner. Petitioner has challenged the impugned order on the ground that on the basis of false, concocted and verbal allegations, maliciously punishment of censure has been imposed, in order to deprive him from being promoted to the post of Engineer-in-Chief. Presently, the petitioner is posted as Chief Engineer in Bihar Rajya Jal Parshad. Earlier, he was posted as Engineer-in- Chief in P.H.E.D. The Secretary, P.H.E.D. though Letter No. 76 dated 19.05.2008 asked to submit him an explanation as to why a proceeding be not initiated against him for his act of indiscipline and in-subordination. The letter issued by the Secretary, P.H.E.D. disclosed that on 14.05.2008 a message - 2 - was sent to the petitioner by the Secretary, P.H.E.D. and the Engineer-in-Chief, P.H.E.D. for coming to their Chambers for urgent work. The Peon was sent to give information to the petitioner. The peon came and informs that the petitioner flatly refused to meet their superior authorities. Petitioner’s case is that on 19.01.2008 a charge sheet, framing fake charge of insubordination and indiscipline was furnished, stating that on 14.05.2008 a particular peon has gone to call him but he refused to go and meet his superior authorities, in their chambers. The show cause dated 31.07.2008 submitted by the petitioner was not accepted and punishment of censure has been awarded. Petitioner’s case is that, at no point of time, any one has come to call him informing that he is being called immediately in the chambers of Engineer-in-Chief or Secretary. Subsequently, when he came to know about all these complications, he wrote letters dated 19.05.2008 and 20.05.2008 addressed to the Secretary, PHED informing that no one had gone to call him and he never refused to go and meet his superiors in Chamber. However, the show cause of petitioner was rejected and punishment of censure has been awarded. Along with the counter affidavit two letters written by the peon have been annexed to show that the peon had gone to call the petitioner for some urgent work in the Chambers of - 3 - the Chief Engineer, Bihar State Water Resources Board and the Secretary, PHED. Counsel for the petitioner submits that these two letters are manufactured documents. Along with charge sheet, not a single chit of papers had been annexed. During the departmental proceeding also, simply, on the basis of verbal allegations, without there being any evidence available to support the charges, the punishment has been awarded. Due to this punishment petitioner will remain deprived from promotion. In the counter affidavit also it has not been stated that the Peon who had gone to call the petitioner has given in writing, immediately, thereafter that petitioner has refused to come. Except verbal statement, no evidence has been brought on record for awarding punishment. No reason has been disclosed for rejecting the show cause of the petitioner, on the basis of charges, not proved properly, punishment having serious impact of petitioner’s service career should not have been awarded. Considering this fact, the order impugned, contained in Resolution No. 309 dated 29.7.2008 is quashed. This application is allowed. Sanjeet/ (Mridula Mishra, J.)