HARESHWAR KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the judgment and order dated 27th June 2011 passed by the learned single Judge in C.W.J.C. No. 393 of 2009.

(2.) A disciplinary proceeding was initiated against the appellant, an Assistant Jailor at Sub-Jail Barh, for certain acts of commission and omission amounting to misconduct. Out of the six charges levelled against the appellant, the enquiry officer recorded finding of guilt against charge nos. 3, 4 & 6. Pursuant to the said finding of guilt, the disciplinary authority, the Inspector General of Prisons, under his order dated 2nd April 2008, dismissed the appellant, directed that the loss of Rs. 97,587.00 be recovered from the appellant and that the period spent under suspension will be treated as such. The appellant would not be entitled to any service benefit except the subsistence allowance. The said order was confirmed by the State Government on 17th October 2008 in departmental appeal. Challenge to the order of punishment under Article 226 of the Constitution in above C.W.J.C. No. 393 of 2009 has failed before the learned single Judge. Therefore, this Appeal.

(3.) Learned counsel Mr. Rajendra Prasad Singh has appeared for the appellant. He has taken us through the memorandum of charge, the reply submitted by the appellant, the report of the enquiry officer and the orders of the disciplinary authority and the appellate authority.