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Judgment
Shiva Kirti Singh and Hemant Kumar Srivastava, JJ.—Heard learned Counsel for the appellant, State of Bihar and learned Counsel for the sole respondent.
Today only, L.P.A. No. 113 of 2007 has been dismissed and similar punishment imposed upon one Assistant Engineer of the same department, Sri Basudeo Narain Singh was found to have been wrongly imposed by taking recourse to provisions under Rule 55A of the Civil Services (Classification Control & Appeal) Rules (hereinafter referred to as the �Rules�). Recovery was also ordered from him without application of mind.
In the present appeal, issues are identical and the writ Court has interfered with the order of punishment on the same grounds that stoppage of promotion for ten years and order of recovery of Rs. 1 Lac and odd should not have been awarded against the employee under summary procedure of Rule 55A of the Rules and that the order was without application of mind.
In the facts of the case, we follow the judgment delivered today in L.P.A. No. 113 of 2007 and find no good reason to interfere with the order passed by the writ Court. The appeal is, therefore, dismissed. No cost.
It goes without saying that if the law permits the appellants can proceed against the concerned employee in accordance with law.