SHRADHA NAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) For seeking appropriate consequential relief, he has preferred L.P.A. No. 323 of 2009 whereas the State of Bihar and its functionaries have preferred the other Letters Patent Appeal challenging the setting aside order of punishment dated 19.7.2002 whereby the writ petitioner, Shradha Nand Singh was dismissed from service on the ground of certain charges allegedly approved in a departmental proceeding.

(3.) In case, the appeal preferred by the State is found to have merit then there would be no occasion to grant any further relief to the writ petitioner and hence we had called the State to produce the record of the disciplinary proceeding pertaining to the writ petitioner. On going through the same and on reading the enquiry report, it is found that neither any oral nor any documentary evidence was brought on record before the Enquiry Officer to support the allegations which constituted the charges that have been denied by the writ petitioner. In such circumstances, we find no material or reasons to take a different view than that adopted by the writ Court. Hence, the appeal preferred by the State i.e. L.P.A. No. 499 of 2009 is found to be without merits and is dismissed accordingly without any order as to costs.