JITENDRA PRASAD Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) In this application under Articles 226 and 227 of the Constitution of India the petitioner his prayed for issuance of an appropriate writ to quash the order of his dismissal from Government service passed by the Deputy Collector, North Bihar Revenue Division, Muzaffarpur, (apposite party no. 5) and the order rejecting his representation passed by the Special Officer -Cum -Deputy Secretary, Irrigation Department, Government of Bihar, Patna (apposite party no. 3). The material facts necessary for disposal of this application may be briefly stated as follows: The petitioner was appointed as a lower division clerk by the Deputy Collector, Revenue Division Sone Canals, Arrah on the 12th October, 1949. It appears that the petitioner was subsequently transferred to North Bihar Revenue Division at Muzaffarpur. In the year 1955 the petitioner was confirmed to the post with effect from the 26th February, 1955, by the order of the Deputy Collector, Revenue Division Sone Canals, Arrah. (A copy of the said order has been made Annexure '1' to the application). On the 21st April 1956, while the petitioner was holding the post of a cashier in North Bihar Revenue Division at Muzaffarpur, he was suspended by the order of opposite party no. 5 pending contemplated departmental proceeding against him. Subsequently, charges were framed against the petitioner by opposite party no. 5 and they were communicated to him by Memo No. 2356 dated the 6th May, 1957. A copy of the charges has been made Annexure 'A' to the counter affidavit filed on behalf of opposite party no. 3. The charges, which were framed against the petitioner, read as follows:

(2.) As stated in Paragraph 14 of this application, the petitioner filed an appeal against the order of opposite party no. 5 on the 27th September 1957, within the period of limitation prescribed. According to the petitioner, his appeal was not disposed of by the appellate court because the opposite party no. 5 made a representation to the effect that the matter be kept pending till the disposal of the case against one Bhagwati Prasad. As stated in the application, the petitioner sent several reminders for the disposal of the appeal but the same was not disposed of. It appears that the petitioner made a representation on the 10th August, 1966 and that representation was rejected by the order of opposite party no. 3 on the 15th December, 1967, a copy of which has been made Annexure V to the application.

(3.) Mr. Awadhesh Kumar Dutta, learned counsel appearing for the petitioner, raised three contentions: