NASEEM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner, who was Nazir, has been dismissed after disciplinary proceeding. He challenges the order of dismissal before this court instead of preferring an appeal.

(3.) THE petitioner was charged with embezzlement of huge amount of Government money. He was put under suspension contemplating departmental proceeding. Departmental proceedings were actually not initiated which brought the petitioner to this court. The charges were served on the petitioner. There was no indication as to the Government witnesses, who would be examined in support of the charges. Order -sheet of the departmental proceeding would show that the petitioner was making consistent requests for grant of paper and documents. Order -sheet noted that various papers were being supplied. However, on 1.4.2005 the petitioner submitted his detailed show cause/explanation/defence and requested specifically that list of prosecution witnesses be furnished and they be produced so that petitioner would cross -examine them. After this was done the petitioner requested that he be given an opportunity to lead his defence witnesses in opposition to the charges.