RAJ KUMAR SRIVASTAVA Vs. STATE OF BIHAR
LAWS(PAT)-2021-7-188
HIGH COURT OF PATNA
Decided on July 27,2021

RAJ KUMAR SRIVASTAVA Appellant
VERSUS
STATE OF BIHAR Respondents




JUDGEMENT

- (1.)The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
(2.)The present writ petition has been filed for quashing the order passed by the Engineer-in-Chief (Headquarter), Water Resources Department, Government of Bihar, Patna dtd. 28/9/2018, whereby and whereunder the petitioner has been inflicted with the punishment of reduction to two lower scale in time scale of pay permanently and further it has been directed that the petitioner shall not be paid any pay increments in future. The petitioner has also prayed for quashing of the order dtd. 4/10/2019, passed by the Additional Secretary, Water Resources Department, Bihar, Patna, whereby and whereunder the appeal of the petitioner has been rejected.
(3.)The brief facts of the case are that the petitioner was initially appointed on the post of Junior Engineer, in the Water Resources Department, Bihar, Patna on 25/4/1988 and was posted at Chapra, whereafter he was transferred to various places and finally when he was posted at Bagmati Division, Runni Saidpur, Sitamarhi on the post of Junior Engineer, there was breakage in the Lalbakiya bund on the alleged date and time of occurrence as also the Ring Bund in the village Dhanaur , Katra was incomplete apart from no information having been given to the higher authorities as also dowel having not been constructed, to prevent flow of water, which had resulted in water logging and huge loss of property and erosion by the flood water. The petitioner has been alleged to have taken no precaution to avoid the aforesaid situation and moreover, he had also not informed anyone regarding the same.


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