ANANDI PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 19.10.2001 issued under the signature of the under Secretary, Department of Water Resources, Government of Bihar, Patna, where by he has been dismissed from service on the ground of misconduct for which he was proceeded against.

(2.) To appreciate the issues involved in the present case, it would be apt to referto the relevant events of the disciplinary proceeding which was launched against the petitioner with the issuance of charge-sheet (Annexures-3 & 4) dated 27.06.1998. Annexure-3 is the memo through which charge-sheet (in prapatra 'Ka') as contained in Annexure-4 was issued to the petitioner. By the said memo dated 27.06.1998, Shree B.P. Parihasth, Joint Secretary, Water Resources Department, was appointed as the Enquiry Officer.

(3.) From the charge-sheet it will appear that with reference to some occurrence of year the period 1996-97 and 1997-98, two persons, namely, Shree Om Prakash, the Assistant Engineer and this petitioner (Junior Engineer) were proceeded against; who were, at the relevant point of time posted under Flood Control Department, Darbhanga. There were five common charges framed against Shree Om Prakash and this petitioner which alleged preparation of imaginary / wrongful estimates in violation of the departmental rules; the excess measurement of work shown than the actual work done and misappropriation of the Government fund etc.