DEONATH SINGH Vs. BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) SHORN of unnecessary details, relevant facts for the purposes of the present case are that the petitioner, an assistant working in the Bihar School Examination Board, was served with a show cause notice on 30.10.2000 due to his repeated absence. Petitioner submitted his reply, which is Annexure -4 to the writ application. On 8.11.2000 petitioner met with an accident and was late in the office. As he was not allowed to mark his attendance by the Section Officer, he went straight to meet the Administrator in his office who was in the meeting at that point of time. This act of the petitioner as well as his repeated absence led to his suspension by order dated 8.11.2000, as contained in Annexure -6. Thereafter, by memo dated 5.12.2000, as contained in Annexure -7, petitioner was served with charges numbering six in total. Petitioner was asked to show cause as to why departmental proceeding be not initiated against him.

(3.) PETITIONER 'scontention is that he was Acting President of the Karamchari Sangh and as such Sri Arun Kumar Sinha, Section Officer had animosity against him and he has been victimised by the respondents. Petitioner further contended that as apparent from the enquiry report a number of documents have been considered by the enquiry officer and statements of a number of persons have been relied on for finding him guilty of the charges but neither the documents were supplied to him before the enquiry report was submitted by the enquiry officer nor the persons whose statements have been relied upon by the enquiry officer were called upon to be examined as witnesses and giving opportunity to the petitioner to cross -examine them.