ASHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This application is directed against the order of dismissal, as contained in Annexure-8, and the order, as contained in Annexure-10, whereby and whereunder appeal filed by the delinquent against the order of dismissal has been rejected.

(3.) It appears that for the incident dated 8.7.1997, where the husband of the petitioner, namely, Binod Kumar Singh, had entered into the house of one Ramashraya Yadav in the night hours in a drunken position and had caught hold of hands of wife of Ramashraya Yadav, a departmental proceeding was initiated against him. In Departmental Proceeding No. 12 of 1997 the inquiry proceeded, where Ramashraya Yadav was examined, but the husband of the petitioner, however, refused to cross-examine him. The inquiry officer also recorded evidence of other witnesses in support of the allegation against the husband of the petitioner. Inquiry report was submitted holding that charges have been found to be proved against the delinquent. Pursuant to which the order of dismissal of the husband of the petitioner from services-was passed vide order, as contained in Annexure-8, which, ultimately, was affirmed in appeal vide order, as contained in Annexure-10.