DILIP KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) C .W.J.C. No. 3690 of 1998, out of which this appeal arises, was dismissed after hearing learned counsel for the petitioner -appellant and for the respondent (Biscomaun) by order dated 7.4.1999. The petitioner -Appellant was proceeded against departmentally while posted as Assistant Depot Manager at Tehak in which enquiry officer found the charges to have been proved and the disciplinary authority, agreeing with aforesaid finding, passed the order terminating the services of the petitioner -appellant.

(2.) IT may be noted that while the departmental proceeding was pending, the petitioner -appellant came to this court in C.W.J.C. No. 11297 of 1995 which was disposed of on 16.3.1997 with the observation that if the proceeding was not concluded within six months from the date of receipt/production of a copy of the order, the impugned order of suspension would stand automatically revoked, with further obcervation that the petitioner -Appellant would also be entitled to subsistence allowance in accordance with law for the period of suspension.

(3.) EVEN if the notice was received after expiry of the date, the petitioner -appellant could have presented himself before the Enquiry Officer to know about the next date fixed. Had he once appeared, before the Enquiry Officer, then he would have been in a position to know subsequent dates fixed in the enquiry. It, therefore, appears that petitioner -appellant himself had contributed in getting the enquiry held ex -parte. Therefore, I am not inclined to disagree with the finding of the learned Judge on this account, in the impugned order.