TANDAW EINSTEIN SAMDARSHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner has filed the writ application challenging the order dated 12.06.1997, by which the petitioner was dismissed from service and the proceeding for recovery of Rs.80,000/ - was directed to continue as also the earlier order dated 23.11.1996, by which a direction was issued to the District Magistrate and the Superintendent of Police to initiate a proceeding under Public Demand Recovery Act for realization of a sum of Rs.80,000/ - with 18% interest given to the petitioner for his advanced training in the University of Alabama at Birmingham in the United States of America in Echo Cardiography, a speciality in Cardiology.

(3.) LEARNED counsel for the petitioner, ultimately, before this Court during the course of submission after obtaining instructions from the petitioner submitted that the petitioner was not interested in pressing the relief so far as termination of his service is concerned, except that the order of dismissal requires to be converted into one of removal from service in terms of Rule 76 (b) of the Bihar Service Code and further that the petitioner was also prepared to refund the amount of Rs.80,000/ - but not with 18% interest as it was not a commercial loan granted, rather in terms of normal practice at best the petitioner is liable to pay simple interest at the rate of 6% per annum. Learned counsel for the State upon receiving further instructions has filed supplementary counter affidavit, in which the respondents have reiterated the earlier stand in support of the order of dismissal as also the recovery of amount with interest aforesaid.