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Patna Court January 2010 Judgments

Jan 21 2010

Amar Nath VermA. Vs. the Union of India and ors.

Court: Patna

Decided on: Jan-21-2010

1. This application filed under Article 226 of the Constitution of India is directed against the judgment and order dated 14.10.2009 passed in O.A.No.174 of 2003 by the Central Administrative Tribunal, Patna Bench, and Patna dismissing the application preferred by the petitioner and affirming the orders passed by Disciplinary Authority dated 19.10.2001 and the Appellate authority dated 25.10.2002 as contained in Annexures- 10 and 15 respectively imposing penalty of withholding of three successive increments operative from 1.12.2001 till 1.12.2004 to be restored cumulatively on 1.12.2004 but without arrears. Shorn of unnecessary details, the facts of the case in brief are that the petitioner was appointed as an Inspector of Central Excise and was posted at Calcutta in the year l978. He was transferred to the Patna Commissionerate of the Department of Central Excise in the year 1981 and was promoted to the post of Superintendent, Central Excise on the recommendations of the regularly con...

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Jan 17 2010

Lakshimi Narayan Singh. Vs. State of Bihar, and ors.

Court: Patna

Decided on: Jan-17-2010

1. The sole petitioner Laxmi Narayan Singh died during the pendency of the writ application on 18th of July, 1999. He was substituted by his widow Usha Devi on the basis of an I.A. No. 12712 of 1999, which was allowed on 22.11.1999.2. When the writ application was initially filed by the erstwhile employee, challenge was to the order of dismissal passed against him in terms of Anneuxre-3 dated 16.2.1994 as well as the order passed in appeal by the DIG, Tirhut Range, contained in Annexure-4, which has upheld the order of dismissal of the disciplinary authority. 3. The original petitioner was appointed as a constable under the respondent State of Bihar on 9.12.1980. He worked in that capacity. According to the averments in the writ application he proceeded on 6 days casual leave on 23.9.1991. He had to report back on 30th September, 1991 but as he was attacked by a severe pain in his back on 24.9.1991 he did not report back for duty but sent an application for extension of leave with medi...

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