CHANDRA SHEKHAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present letters patent appeal has been preferred against the order of the learned single Judge dated 6th May, 1999, passed in C.W.J.C.No. 10066 of 1998, by which the learned writ court, in view of the fact that the impugned order had been passed after following the procedure in terms of Rule 55A of the Civil Services (Classification, Control and Appeal) Rules (hereinafter referred to as the ''Rules ''), refrained from interfering with the impugned order by which the appellants have been directed to refund the amount of loss caused due to their negligence to the State exchequer.

(2.) THE contention of the learned counsel for the appellants is that appellant no.1 during the relevant period was posted as Executive Engineer at Muzaffarpur and appellant no. 2 was posted as Assistant Engineer. Other appellants were posted as Junior Engineers. In the year 1995 -96, the appellants were entrusted with earth work in Tirhut main Canal from distance point no. 704 to 790 and other repairing work. As the work had not been completed, the then Chief Engineer, water Resources Department, Muzaffarpur recommended to take departmental action against the - appellants, as difference of 86,76,305 cubic ft. was found in the quantity of the earth work done.

(3.) FROM the order of the learned writ court it would clearly transpire that on the recommendation of the Chief Engineer for initiating a departmental proceeding, a flying squad was constituted, which inspected the site and after enquiry submitted a report on 11.5.96 wherein a prima facie case of misconduct was found against the appellants. A copy of the report of the flying squad was served on the appellants