KHWAJA GHOLAM RASUL S/O LATE KHWAJA GHOLAM MUSTAFA Vs. STATE OF BIHAR; PRINCIPAL SECRETARY, EDUCATION DEPARTMENT; DIRECTOR (ADMINISTRATION) CUM ADDL SECRETARY, EDUCATION DEPARTMENT; DIRECTOR (SECONDARY EDUCATION), EDUCATION DEPARTMENT; CONDUCTING OFFICER -CUM- JOINT SECRETARY; PRESENTING OFFICER -CUM- SECTION

JUDGEMENT

(1.) Heard Mr. Sarvadeo Singh, learned counsel for the petitioner, Mr. P.K. Verma, learned Additional Advocate General No.3 for the State and Mr. Prashant Kumar Chaudhary, learned counsel appearing for the B.P.S.C.

(2.) In the nature of the order which this Court intends to pass it would not be required to discuss the matter threadbare. The facts of the case briefly stated is, that the petitioner was proceeded against by service of a charge-sheet, a copy of which is present at Annexure-2 on allegations that he allowed one Ali Imam to continue beyond the tenure of his appointment and thus caused financial loss to the Government revenue while providing unjust gains to the said Ali Imam. The petitioner was compulsorily retired by order dated 12.2.2009 which was questioned by him through CWJC No.5249 of 2009. A Bench of this Court vide order dated 25.6.2010 allowed the writ petition quashing the order of compulsory retirement and directed the disciplinary authority to restart and complete the departmental proceedings in a legal manner. The operative portion of the order runs as under:

(3.) The State not being satisfied by the order filed two modification application praying for extension of time for initiation of departmental proceedings and for modifying the direction allowing the petitioner to join the post with consequential benefits.