RABINDRA NATH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who was posted as Subdivisional Officer (S.D.O.) at Araria, certain works were done under his guidance and order. In respect of such work, a departmental proceeding was initiated on the ground of certain omission and commission, whereinafter he having found guilty was dismissed from service vide order dated 9th March, 1993. Against the said order, the petitioner preferred appeal before the Governor of Bihar but no decision having taken and matter having referred by Governor to the State for their comment, vide letter dated 6th November, 1995, both the order of dismissal dated 9th March, 1993 and the Governor 'sreference made, vide letter dated 6th November, 1995, are under challenge in the present writ petition.

(2.) THE brief fact of the case shows that while petitioner was functioning as S.D.O., Araria, under his guidance and order, a number of civil works were takenup. Altogether, 13 such works were taken up. For some of the works, the petitioner also made advances to the Agents/Contractors.

(3.) BEFORE the Commissioner for enquiry, the petitioner was given opportunity; evidences were laid and witnesses were examined. The Enquiry Officer, on appraisal of evidences and hearing the petitioner and the prosecution, held the charges 'proved ' against the petitioner vide its report, as contained and annexed with letter dated 1st February, 1992 (An -nexure -6).