LAKSHMI KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner who was a Nazir in Purnea Collectorate was suspended and proceeded departmentally for the alleged misappropriation of Rs. 30,000/ - by adopting fraudulent means. The charge having found to be proved, he was dismissed from service by Collector, Purnea, vide Order No. 1034 dated 11th March, 1983. Against the said order, while he preferred appeal, it was dismissed by the Commissioner, Koshi Division, Saharsa, vide order dated 12th November, 1984, which was confirmed by the Revisional authority (learned Additional Member, Board of Revenue), vide order dated 27th March, 1989, as was passed in Revision Case No. 6/85.

(2.) THE petitioner being aggrieved, has challenged all the aforesaid three orders dated 11th March, 1983; 12th November, 1984; and 27th March, 1989 before this Court in the present writ petition, mainly on the ground that the petitioner was not given a reasonable opportunity in the departmental proceeding and the enquiry report is based on no evidence.

(3.) IN Charge No.1, it was mainly alleged that the petitioner misappropriated Rs. 30,000/ - for himself by adopting fraudulent means. He being Nazir, was entrusted with a Bill No.136/77 -78 under Head ''389 -Famine and House Building Grant '' for Rs. 9,655/ - only. By forging the bill for Rs. 39,655/ - he encashed the amount on 12th January, 1978, but shown Rs. 9,655/ - only in Cash Book. The other charge (No.2) related to non -production of Treasury Messenger Book before the Office Superintendent, Revenue, even on demand.