GAURI SHANKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, State of Bihar and Jharkhand as well as Union of India. Both the writ applications are taken up together for disposal. The matter pertains to cadre allocation of petitioner, who is in Bihar Agriculture Service.

(2.) In C.W.J.C. No. 11710 of 2011, the petitioner has prayed for quashing order dated 13.6.2006 issued under the signature of the Deputy Secretary, Department of Agriculture, Government of Bihar, Patna whereby the authorities have been directed to relieve the petitioner in view of decision of Central Government allocating him Jharkhand Cadre. The petitioner further prays for quashing the order dated 7.12.2010 issued by the Joint Secretary, Department of Agriculture, Government of Bihar, Patna whereby he has been directed to join State of Jharkhand as early as possible with consequential benefits.

(3.) The petitioner was appointed as Agriculture Graduate in the year 1986. Later on, he was promoted to Bihar Agriculture Services Class-I. The Department vide letter dated 31.8.2006 suspended the petitioner for defalcation of a sum of Rs. 1,41,900/- and a departmental proceeding was initiated vide Memo No. 1302 dated 31.8.2006. The petitioner was exonerated in the departmental proceeding on 18.6.2008. The petitioner on being exonerated from departmental proceeding requested for revocation and posting vide letter dated 13.4.2010 (Annexure-3).