KRISHNA KANT PRASAD Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) THE petitioner assails the order dated 11.8.99 at Annexure 2 by which he has been dismissed from service with retrospective effect from the date of his superannuation i.e. 30.11.1990.

(3.) THE respondents then initiated fresh departmental proceedings against the petitioner. The petitioner assails the fresh proceeding on the same ground as in the previous writ application and the procedural impropriety in the conduct of the proceeding. It is asserted that no documents were supplied to him. He was never asked to appear before the Conducting Officer, adduce evidence etc. No witnesses were examined or documents exhibited to prove the charges. No dates were fixed in the proceeding. Copy of the enquiry report was not supplied to the petitioner and neither was he asked to show cause against the proposed punishment. In the aforesaid background the impugned order dismissing the petitioner from service with retrospective effect from 30.11.90 came to be passed.