LAWS(PAT)-2003-8-56

RADHEY SHYAM PANDEY Vs. STATE OF BIHAR

Decided On August 26, 2003
RADHEY SHYAM PANDEY Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) ALL things considered. After having examined the record of the writ petition in detail and after having received submission on the writ petition also in detail, this court has come to the conclusion that the learned judge has committed no error in not granting any relief on the petition.

(2.) THE fact of the matter is that if the record is to be seen threadbare, the petitioner has got off too lightly with the punishment which has been awarded. Firstly, there is the technicality of the matter for any proceeding, which was taken out under rule 55 of Civil Services (Classification, Control and Appeal) Rules, 1930. Of penalty awarded under rule 45 there is a clear cut provision of appeal under rule 56. Instead of resorting to this appeal, the petitioner -appellant straightaway put in his petition at the High Court.

(3.) THE Court is not going into the depth of the allegations but unsolicited if the petitioner -appellant was making those allegations then he ought to have brought this matter to the notice of his superior officers, if any embezzlement was noticed by him as may have been done by his colleagues. This the petitioner -appellant did not do.