LAWS(PAT)-2016-11-151

PRAMILA BALA, WIFE OF LATE JAGAT NARAIN PRASAD Vs. STATE OF BIHAR THROUGH SECRETARY CUM COMMISSIONER, WATER RESOURCES DEPARTMENT, BIHAR, PATNA

Decided On November 18, 2016
Pramila Bala, Wife Of Late Jagat Narain Prasad Appellant
V/S
State Of Bihar Through Secretary Cum Commissioner, Water Resources Department, Bihar, Patna Respondents

JUDGEMENT

(1.) Heard Mr. Sanjeet Kumar, learned counsel appearing on behalf of the petitioners. There is no representation on behalf of the State.

(2.) The original writ petitioner Jagat Narain Prasad (hereinafter referred to as the 'deceased petitioner') has deceased and has been substituted by his legal heirs under the order of this Court passed on 30.8.2012 in I.A. No.5391 of 2012. The petitioners herein are aggrieved by the order bearing No.977 dated 13.9.1997 of the Deputy Secretary, Government of Bihar, Water Resources Department, Patna, whereby the original petitioner had been dismissed from service. A copy of the order of dismissal is impugned at Annexure-1 to the writ petition.

(3.) The charge memo framed against the 'deceased petitioner' is impugned at Annexure-6 to the writ petition and charges him of defalcation of 222.447 metric tons of iron rod. As per the charge, while the 'deceased petitioner' was directed to dispatch the iron rod of 16 mm. and 20 mm. diameter but it is alleged that the petitioner dispatched the rod of different specification weighing 222.447 metric tons valued at Rs.12,23,458.50 which never reached its destination.