JENESHWAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner was posted as Assistant Engineer in the Road Construction Division at Jehanabad, when he was put under suspension in contemplation of the departmental proceeding vide Resolution dtd. 31/3/1999 effective from 8/3/1999. During pendency of the departmental proceeding, the petitioner retired from service on 31/1/2001.

(3.) In the departmental proceeding, punishment was awarded without giving opportunity of hearing to the petitioner by order dtd. 14/3/2005 vide order at Annexure-9. The petitioner challenged the aforesaid order of punishment before this Court in CWJC No. 7854 of 2005 which was disposed of on 27/10/2005 by quashing the impugned order and direction was issued to the respondent authorities to pass appropriate order after giving opportunity of hearing to the petitioner. Thereafter, the authorities asked the petitioner to file show cause and the petitioner filed show cause on 4/1/2006, a copy at Annexure- 11.