RAM TAPESHWAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This writ application is directed against the resolution of the State Government bearing memo No. 6577 dated 14.8.2000, as contained in Annexure-1, whereby and whereunder the petitioner has been dismissed from services.

(3.) Short facts emerging from the pleadings of the parties giving rise to this application are as follows :-- During the service tenure of the petitioner as Deputy Collector, Incharge Nazarat, Madhubani in between 1983 and 1990, it was detected by the then District Magistrate. Madhubani that a huge amount of Government money was embezzled from the Nazarat, Madhubani. The District Magistrate submitted a report to the Government through the Divisional Commissioner in this regard and an explanation was asked for from the petitioner by the Collector of the District on 4.7.1990 as to under what circumstances a sum of Rs. 586159.22 paise was defalcated by the then Nazir, Shamshul Hoda and as to why a disciplinary proceeding be not initiated against him and immediately thereafter vide letter dated 19.7.1990 requested the Personnel and Administrative Reforms Department to put the petitioner under suspension as the case of defalcation appeared to be a consequence of fait accompli. In the, meantime, the petitioner filed his detailed reply on 31.7.1990 denying the charges levelled against him. After receipt of the reply of the petitioner the petitioner was put under suspension by order dated 17.8.1990 and his headquarter was fixed in the office of the Divisional Commissioner. Tirhut Division, Muzaffarpur, Memorial of charges was thereafter served upon him vide memo dated 27th March, 1991. It appears that before asking for an explanation from the petitioner for the alleged defalcation a first information report was lodged on 28.6.1990 by the Additional Collector, Madhubani pursuant to which Madhubani Police Station case No. 191/90 was instituted against Shamshul Hoda making out a case of defalcation, but before that Shamshul Hoda had superannuated with effect from 31.1.1990. The petitioner however, submitted his explanation denying all the charges levelled against him and when the petitioner did not receive any reply from the authorities pursuant to his explanation he moved this Court in CWJC No. 4181 of 1993 challenging the order of suspension dated 17.8.1990, and the writ application was disposed of by this Court and the order of suspension was revoked with an observation that the departmental proceeding, if any, shall be disposed of on merit in accordance with law.