ALIM JUNG KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Annexure-33 dated 20th June, 2001 is under challenge in the present writ application. By virtue of this impugned order petitioner has been dismissed from service as a measure of punishment on the basis of the departmental enquiry carried out on a set of charges brought against him. Petitioner wants quashing of that order and reinstatement in service with consequential benefits. However, it may be recorded that the petitioner would have any way superannuated on 31.7.2002 provided the punishment has not come to visit him.

(2.) Petitioner was posted as District Superintendent of Education in the district of Rohtas with its headquarter at Sasaram in the year 1982. He worked on the post for a period of a year and half before being transferred to some other place. For certain acts of omission and commission committed by petitioner while being posted at Rohtas, the Government of Bihar in its wisdom decided to initiate a departmental enquiry against him. One of the primary charges was illegal appointment of 170 persons on various posts during his tenure as a District Superintendent of Education.

(3.) It is the case of the petitioner that he demanded a long list of documents which was necessary to dispel the allegation but he never got them. He was only told to go and make a visit to the office of District Superintendent of Education and peruse the documents and file his written statement. According to him he never got copy of the documents demanded. However the enquiry proceeded. The enquiry report submitted and the Government proceeded on that basis towards imposition of punishment.