PRAMOD KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the Petitioner and the Respondents.

(2.) PETITIONER , who served as Librarian in the Bihar State Credit & Investment Corporation Ltd. (hereinafter referred to as "the Corporation"), has filed this writ petition assailing the order dated 6.11.2004, Annexure -10, whereunder the Managing Director of the Corporation has held him guilty of the charges of continued unauthorized absence for more than 35 days as also of non cooperation in the departmental proceeding and has proceeded to terminate his services by resorting to the powers contained in Rule 71 (vi) of the Service Rules of the Corporation, which inter alia empowers the appointing authority to terminate the services of the employees of the corporation for unauthorised continued absence exceeding 8 days without intimation or sufficient cause.

(3.) IT appears, ignoring the request of the petitioner contained in his application dated 5.10.2004, Annexure -5 for grant of medical leave for the period 1.10.2004 to 20.11.2004, the authorities of the Corporation issued office order, bearing Memo No.1168 dated 7.10.2004, Annexure -6 placing him under suspension with immediate effect for his failure to join duties with effect from 1.10.2004 even after rejection of his application dated 30.9.2004 for grant of Earned Leave for the period between 1.10.2004 to 20.10.2004, as failure to join the duties was demonstrative of his indifferent attitude towards the Corporation and duties asigned to him. Later, under Memo No. 1281 dated 15.10.2004, Annexure -7, petitioner was called upon to answer the charges made out against him under office order, bearing Memo No. 1168 dated 7.10.2004, Annexure -6 before the Conducting Officer on 18.10.2004 at 11.00 A.M. Under report dated 20.10.2004, Annexure -B to the supplementary affidavit filed on behalf of the Respondent nos.2 to 4 (hereinafter referred to as the supplementary affidavit), Officer -in -charge, S.K. Puri P.S., Patna was informed about the failure of the petitioner to handover the keys of the library and under office order dated 26.10.2004, Annexure -8 the library was directed to be unlocked for preparation of the inventory of the books in presence of Sri Sanjay Singh, Adovcate as also in presence of two officers of the Corporation, namely, Sri Ashok Verma, I/C Legal and Shri O.P. Singh, Assistant Manager (Legal), but due to some unavoidable circumstances, the date and the time of unlocking of the library and preparation of the inventory of the books was shifted to 10.11.2004 at 4.00 P.M. as would appear from the office order dated 28.10.2004, Annexure -9.