BHAGWATPRASADSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition is directed against the order issued under memo No. 397 dated 21.5.1990 (Annexure-1) by the Collector, Samastipur (Respondent No. 2) dismissing the petitioner from service with effect from 19.9.1987.

(2.) The petitioner assailed the impugned order on the short ground that on attaining the age of superannuation he having retired from service on 31.12.1987 the employer and employee relation between him and the respondents came to an end after 31.12.87 and, as such, the impugned order dated 21.5.1990 passed after his retirement is a nullity.

(3.) To appreciate the point involved in the case, it is necessary to state the facts leading to the passing of the impugned order in a nutshell while working as Nazir in the District Nazarat, Samastipur, a criminal proceeding was initiated against the petitioner on the allegation of defalcation or embezzlement of Government fund. A departmental proceeding was also initiated against him on the same allegation on defalcation or embezzlement of the Government fund and charge-sheet was issued on 18.1.1982. The petitioner submitted reply to the charges denying the allegations. A domestic enquiry was held and the Enquiry Officer after conclusion of the enquiry gave finding holding that charges against the petitioner were established. Thereafter, a second show-cause notice was issued by the disciplinary authority asking the petitioner to make representation against the proposed penalty of removal him from service. After receipt of the second show-cause notice, the petitioner approached this Court in C.W.J.C. No. 1222 of 1982 contending that enquiry proceeding was initiated in violation of principle of natural justice. By order dated 30.3.1982, the writ-petition was admitted and an interim order was passed as follows: