PRABHAKAR TRIPATHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE writ petition was preferred by the petitioner against the order, contained in Memo No.3688 dated 26th May, 1992, whereby and where under, the petitioner was dismissed from service in pursuance of a departmental proceeding.

(2.) THE brief fact of the case shows that the petitioner, a Store Keeper -cum - Clerk, while posted in Gram Shilp Prashikshan Centre, Sheikhpura was suspended vide order No. 16971 dated 5th October, 1982 and proceeded departmentally, vide Memo No. 13644 dated 1st October, 1985. He was charge sheeted, and enquiry conducted and on the basis of the enquiry report; after 2nd show cause notice, the petitioner was dismissed vide impugned order dated 26th May, 1992.

(3.) IN the departmental proceeding, charge was framed and communicated to the petitioner, vide Memo No.13644 dated 1st October, 1982. Altogether, four charges were levelled against the petitioner. While the 1st charge related to shortage of material worth Rs. 14,960.03 p. as was mentioned in the earlier letter, wherein it was informed that only a sum of Rs.1800/ - could be recovered and rest of the amount could not be recovered, though the shortage was found, while the petitioner was Incharge of the Store. Charge No. 2 related to shortage of material amounting to Rs.1325.97 p., while petitioner was Incharge at Chatra, Hazaribagh, which was earlier recovered. The charge No.3, related to shortage of material for another sum of Rs.5,231.63 p. in respect to the period, the petitioner was posted in the Gram Shilp Prashikshan Kendra, Lakhisarai. The fourth charge related to dereliction of duty and insubordination, after issuance of the order of suspension dated 5th October, 1982. It was alleged that the petitioner, in spite of direction of the superior authority, reminders and oral orders, did not choose to hand over the charge, after suspension to the Incharge Superintendent, Gram Shilp Prashikshan Kendra, Sheikhpura, Manger, though more than two years five months have passed. The resultant effect was non -functioning of the Centre and deterioration of material, as was kept in the Store.