RAJIB LOCHAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The prayer in the present writ application is to quash the memo of charges issued against the petitioner dated 21.6.1982 at Annexure 3. The petitioner also seeks quashing of the enquiry report dated 15.3.1983 at Annexure 12 in pursuance thereto as also to quash the consequent order dated 8.6.1985 at Annexure 15 by which the petitioner has been dismissed from service. Having preferred a re presentation/review against the order of dismissal and the same having been rejected, the prayer also is to quash the order dated 22.8.2003 at Annexure 21.

(2.) The petitioner at the relevant time was posted as Assistant (Incharge Nazir) in Triveniganj block. An allegation was made against the petitioner of defalcation of a sum of Rs. 50,000/- combined with the charge of having violated government procedures for withdrawal and transportation of such a large amount of cash leading to loss of the same. The petitioner was taken into custody on 10.8.1981 in Supaul PS Case No. 123 of 1984 registered under Section 409 of the Penal Code on 28.8.1981, the petitioner was placed under suspension. A copy of the First Information Report is on record as Annexure 2.

(3.) On 21.6.1982 departmental proceedings were initiated against the petitioner by serving on him the memo of charges which is at Annexure 3. It would be necessary at this stage to observe that the charges in the departmental proceedings at Annexure 3 are the same as the allegations against the petitioner in the First Information Report at Annexure 1. This fact has also been reiterated by the petitioner in para 10 of the present application.