NAWAL KISHORE LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THROUGH this writ application the petitioner has sought quashing of order dated 19.12.1995 as contained in Annexure -10 by which the service of the petitioner has been terminated. He has prayed for consequential reliefs for payment of salary etc. and for reinstatement in service.

(2.) THE relevant facts of this case lie within a narrow compass and are not much in dispute. Petitioner was an Assistant and on that relevant time, he was working as an Accountant in the Directorate of State Lottery, Patna. On 29.6.1974, he was put under suspension on account of several charges relating to defalcation and embezzlement as well as dereliction in duty. On these charges a departmental proceeding as well as a criminal case was instituted. The criminal case under sections 409 and 420 of the Indian Penal Code appears to have ended in acquittal in the year 1987 at the appellate stage. Allegedly the first enquiry report in the departmental proceeding was in favour of the petitioner and his suspension was revoked on 19.6.1989. The departmental proceeding, however, remained pending and in the meanwhile, the petitioner moved this Court through a writ petition bearing CWJC No. 11864 of 1993 seeking a direction for payment of arrears of salary from the date of his suspension. The said writ application was disposed of by order dated 7.9.1994 (Annexure -I) wherein this Court noticed that as per order dated 19.6.1989, the revocation of suspension of petitioner was made without any prejudice to the departmental proceeding going on against the petitioner and accordingly, directed the respondents to conclude the departmental proceeding expeditiously and preferably by 31.12.1994 and also to take a decision for payment in terms of Rule 97 of the Bihar Service Code.

(3.) THEREAFTER , by an order dated 25.4.1994 (Annexure -2) an enquiry officer was appointed to hold departmental enquiry against the petitioner. The petitioner was supplied with memo of charges and the related documents and was asked to submit his defence before the enquiry officer within a fixed time. The petitioner participated in the enquiry and an enquiry report dated 29.10.1994 (Annexure -4) was submitted by the enquiry officer in which all the charges were found to have been substantiated against the petitioner. By a letter dated 8.12.1994, the Joint Director, National Saving, Department of Finance, sent to the petitioner a copy of enquiry report dated 29.10.1994 and asked for his comments. According to the petitioner, he did not receive the letter dated 8.12.1994 and received only the subsequent order dated 31.12.1994 (An -nexure6) by which he was dismissed from service. The petitioner challenged the aforesaid order of dismissal dated 31.12.1994 in this Court through a writ petition bearing CWJC No.636 of 1995. The said writ application was disposed of by order dated 18.10.1995 (Annexure -7) whereby this Court remitted the matter back to the enquiry officer for submitting a fresh report after considering all the materials including the earlier explanation submitted by the petitioner and after recording reasons for arriving at his findings in respect of the charges. The disciplinary authority was directed to pass a final order afresh in accordance with law. Through a letter dated 20.11.1995 contained in Annexure -8 the petitioner was supplied with fresh enquiry report prepared by the enquiring officer. This enquiry report also disclosed that all the charges have been found proved against the petitioner. By Annexure -8 the petitioner was given a further notice to submit his defence version and explanation for consideration by the disciplinary authority. Accordingly, the petitioner submitted his explanations on 30.11.1995 as contained in Annexure -9 and thereafter the impugned order of dismissal was passed on 19.12.1995.