HAR GOVIND PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) When this writ was filed in the year 2004, Petitioner had sought quashing of the departmental proceeding as well as the memo of charge issued to him on 7.6.1975. Obviously, the writ was filed in the year 2004 with such a prayer on a mistaken kind of advice since Petitioner had already been dismissed by the Respondents after holding a departmental enquiry. That order of dismissal was dated 3.9.1975. if an order of dismissal was already there, where was the occasion for the Petitioner to challenge the charge-sheet or the departmental enquiry after almost 29 years of the order of dismissal having taken effect.

(2.) However, there is something evident on record to show that at one point of time the Petitioner was allowed to approach Member, Board of Revenue by way of an appeal against the order of dismissal. The Member Board of Revenue remitted the matter back to the disciplinary authority on the technicality that before issuance of the order of dismissal, a second show cause was not issued to the Petitioner. Another aspect which was pointed out is that the Petitioner could not be dismissed from a back date but it should correlate to the date of passing of the order.

(3.) Learned Counsel for the Petitioner with a lot of vehemence submitted that on remand of the matter by the Member, Board of Revenue, a second enquiry was held and the order in question came to be passed. The second enquiry was not permissible and there was no cogent reason for holding of an enquiry afresh, as there was no direction by the Member, Board of Revenue in this regard.