MADAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) As both the Officers/Petitioners are facing the same predicament and the same punishment orders they have approached to this Court inter alia submitting that the order of dismissal contained in Annexure-10 in both the cases deserve to be quashed and the Department be directed to reinstate them with all consequential benefits.

(3.) It is not in dispute before me that Madan Sharma was posted as Assistant Engineer while Gurubax Singh was posted as Executive Engineer. Finding a foul play on their part, a chargesheet was issued and an enquiry was ordered. Each of the petitioner was placed under suspension. During course of the enquiry each of the petitioner requested to the authorities that the report of the Flying Squad be made available to them for making their effective representations and proposing proper defences. Each of the petitioner submits that the respondents have relied upon the report of the Flying Squad but did not supply the copy of the same to either of the petitioner, therefore, the enquiry was tainted and violated the principles of natural justice. The petitioners contend that after the full-fledged enquiry, the Enquiry Officer gave a clean-chit to each of the petitioner and exonerated them but the Disciplinary . Authority without giving any show cause notice to each of the petitioner differed from the opinion/findings of the Enquiry Officer and vide Annexure-G, letter dated 22-2-1997, after recording its disagreement proposed the punishment. According to the petitioners, this second show cause notice proposing punishment is bad and illegal because before taking a different view, the petitioners were not given opportunities to support the findings recorded by the Enquiry Officer.