NIRU PARAG Vs. STATE OF BIHAR

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 14th March 2011 passed by the learned single Judge in above C.W.J.C. No. 1820 of 2005, the heirs and legal representatives of the original writ petitioner one Dr. Brahamdeo Prasad Singh have preferred this Appeal under clause 10 of the Letters Patent.

(2.) The above mentioned Dr. Brahamdeo Prasad Singh (hereinafter referred to as the "delinquent") was, at the relevant time, Deputy Director in the Directorate of Health, State of Bihar. A departmental proceeding was initiated against him on the charge that while serving as Civil Surgeon-cum-Chief Medical Officer and Superintendent of Purnea Sadar Hospital, District- Pumea, he had committed financial irregularity in respect of placing order of medicines to the extent of more than Rs. 76 lacs with the medical supply Depot, Kolkota. Pursuant to the said enquiry, the enquiry officer made a report on 16th March 2002. According to the enquiry officer, the imputation of charge made against the delinquent was partially proved. The enquiry officer opined that the delinquent received supply of medicines more than the available allotment and incurred expenditure. Thus, he acted in violation of Financial Rules. However, the extent of purchase order placed by the delinquent could not be ascertained. In view of the aforesaid finding of guilt recorded against the delinquent, by order dated 16th September 2004 made by the State Government, the delinquent was dismissed from service.

(3.) Feeling aggrieved, the delinquent filed above C.W.J.C. No. 1820 of 2005 under Article 226 of the Constitution. Pending the writ petition the delinquent passed away. The appellants were substituted as the heirs and legal representatives of the deceased delinquent. Learned single Judge has dismissed the writ petition. Therefore, the present Appeal.