JAYADA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) PETITIONERS are duly substituted heirs and legal representatives of deceased petitioner, Md. Khalil, who had filed the present writ application.

(3.) IT appears from the article of charges that the deceased petitioner was proceeded against for temporary defalcation of the toll realised by him amounting to Rs. 147/ - and also for his absence from duties. In course of inquiry, the deceased petitioner submitted his explanation stating therein that a sum of Rs. 147/ - which was collected by him, could not be deposited, as he met with an accident, which, subsequently, was deposited after 18 days of its realisation. The inquiry officer in course of inquiry considered the explanation filed by the deceased petitioner and submitted an inquiry report suggesting certain punishments other than his dismissal from services and on the basis of the inquiry report the disciplinary authority passed the order, as contained in annexure 6, dismissing the deceased petitioner form services. However, the order impugned, as contained in annexure 6, has been affirmed, in appeal vide order, as contained in annexure 10.