THE BIHAR STATE COOPERATIVE MARKETING UNION LIMITED THROUGH THE ADMINISTRATOR, BIHAR STATE COOPERATIVE MARKETING UNION LIMITED, PATNA Vs. SURESH CHANDRA SHARMA, SON OF LAT SHIVNANDAN SHARMA, RESIDENT OF VILLAGE SAKRAURA, P.S. SARISTABAD, DISTRICT JEHANABAD

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order dated 3rd July, 2014, passed in C.W.J.C. No. 7631 of 2013 by the learned single Judge whereby the order of punishment, dated 09.05.2005 (Annexure-16) and the order, dated 19.10.2012 (Annexure C ) was quashed and the appellants herein were directed to settle the claim of the writ petitioner as if any liability does not stand against him.

(2.) The said orders came to be passed after a long drawn litigation. The writ applicant was appointed as Sales Man-cum-Account Assistant in the year 1974. He was later promoted to the post of Assistant Depot Manager. On 14th April, 1988, a first information report, for the offence under Sections 403, 409 and 465 of the Indian Penal Code, was registered alleging misappropriation of fertilizer worth Rs. 2,69,250.00. An order of dismissal was passed by the Administrator on 11.04.1989 on account of allegation of misappropriation of fertilizers, seeds and medicine worth Rs.2,71,925.94 after the enquiry officer found the writ applicant guilty.

(3.) A writ, being C.W.J.C. No. 5957 of 1991 filed before this Court against the order of dismissal which was accepted on 30.08.1991. It is thereafter, the petitioner-respondent was reinstated vide order, dated 04.11.1996. The writ applicant was, again, suspended on 26th Dec., 1996, in contemplation of departmental proceeding. The writ applicant challenged the suspension in C.W.J.C. No. 11938 of 1996. In an interlocutory application (I.A. No. 2869 of 2014) in the said writ application, it was ordered on 5.2.1998 by this Court that the departmental proceeding be concluded within four months failing which the suspension shall stand revoked. It is thereafter, the suspension of the writ applicant was revoked from 05.06.1998.