RAJ NATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS writ application is directed against the order, as contained in Annexure 1, issued vide memo no. 2316 dated 5.10.1998, whereby and where under the petitioner has been dismissed from services on account of his absence from service in exercise of powers under Rule 76 of the Bihar Service Code (hereinafter to be referred to as "Code").

(3.) THE order impugned is being assailed only on the ground that the power, as envisaged under Rule 76(b) of Code has not properly been exercised, inasmuch as that there was no proceeding, whatsoever, in terms of the provisions under the Civil Services (Classification, Control and Appeal) Rules (hereinafter to be referred to as "Rules") and the Bihar and Orissa Subordinate Services (Discipline and Appeal) Rules.