BHAGIRATH PRASAD 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 whereby and whereunder the petitioner has been dismissed on conclusion of a departmental proceeding and also against the order as contained in Annexure 3 whereby and whereunder his statutory ap-. peal has been dismissed.

(3.) It appears that a departmental proceeding was initiated against the petitioner on the charge of desertion from 8.5.1995 to 28.5.1995 and he was put under suspension vide order dated 29.5.1995. The petitioner was intimated of the departmental proceeding and show cause notice was issued to him alongwith the charges but he never turned up before the enquiry officer nor he filed any explanation. The enquiry officer, however, on the basis of the evidence found the charges of desertion against the petitioner to be proved. The disciplinary authority, accordingly, acted upon the enquiry report and finding the explanation of the petitioner wholly unsatisfactory coupled with the fact that charges were found proved against him, dismissed him from the services. The statutory appeal filed by the petitioner was also dismissed.