EDMAL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE matter relates to the suspension of the petitioner -appellant and ultimately dismissal after an enquiry had been conducted. The issue itself relates to an embezzlement which took place of a sum of Rs. 34,381.88/ - on the night of 12/13 March, 1984. Criminal proceedings had also been instituted but the court is intimated that these criminal proceedings resulted in an acquittal of the appellant.

(2.) BASICALLY two objections were raised on behalf of the appellant in the matter relating to the conduct of the domestic enquiry that (a) he had not been given a copy of the enquiry report and (b) he had not been permitted to cross -examine the witnesses.

(3.) THE appellant had a right to file an appeal under Rule 162 read with Section 16 of the Regulations known as Bihar State Agriculture Marketing Board Employees ' Service Regulations but instead of filing an appeal before the Board, the appellant resorted to filing an appeal before the Minister. It is not understood why the appellant approached the Minister instead of utilising the statutory alternative remedy available to challenge the enquiry proceeding,