IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4160 of 2008 ANIL KUMAR, SON OF LATE BRAHMA PRASAD, RESIDENT OF VILLAGE TIWARY CHAPRA, P.S. KATAIYAN, DISTRICT GOPALGANJ, AT PRESENT POSTED AS THE ECONOMIC INVESTIGATOR, DISTRICT INDUSTRIES CENTRE BHAGALPUR AND RESIDING AT TILKA MANJHI SHITLA STHAN, P.S. TILKA MANJHI, DISTRICT BHAGALPUR. ---- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF BIHAR, PATNA. 3. THE JOINT SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR, INDUSTRIES, GOVERNMENT OF BIHAR, PATNA. 5. THE DEPUTY SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF BIHAR, PATNA. 6. THE ADDITIONAL DIRECTOR, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF BIHAR, PATNA. 7. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, MUNGER. 8. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, BHAGALPUR. --- RESPONDENTS ----------- 2 15.4.2011 The petitioner is aggrieved by the order of punishment imposed vide Memo No. 2391 dated 5.10.2005 (Annexure-12) and the Annexure-13 the appellate order dated 1.8.2006. The punishment awarded to the petitioner was stoppage of two increments and also stoppage of pay for the period 18.6.2005 to 13.9.2005. During the pendency of the writ application, the petitioner has subsequently been released the two increments. The only grievance of the petitioner remains with the second punishment awarded. Undoubtedly the punishment is a minor punishment and thus 2 nothing further need be said on this ground, except for the fact that the petitioner has brought on record the notings of the then Deputy Director, Department of Industries, Government of Bihar which give a picture contrary to the stand of the State. The notings on the file indicate that in fact the petitioner had worked for the period 18.6.2005 to 13.9.2005 in the Legal Cell at Patna. This fact however, is denied in the counter affidavit. In view of the notings of the Deputy Director, Legal Cell, Bihar, Patna, it would be proper for the Director, Industries, Government of Bihar, Patna to examine this aspect of the matter. In case it is found that in fact the petitioner was working at Patna before he was relieved to join at Bhagalpur, it cannot be said that the petitioner’s pay should be stopped on the ground “no work no pay” especially in view of the petitioner claim, that he was duly deputed at Patna to join in the Legal Cell at Patna. The petitioner may approach the Director, Industries, Government of Bihar, 3 Patna along with a copy of this order and a representation, within a period of one month on receipt of a copy of this order. The respondent no. 4 (the Director, Industries, Government of Bihar, Patna) is directed to examine the facts and pass appropriate orders within a period of four months on receipt of the representation. This writ application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)