BRAHAMDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Petitioner was initially appointed as literate peon in the year 1970 under Siwan Municipality and later came to be promoted to the post of clerk. When he was suspended on 15.7.2000 he was holding the cost of cashier. Suspension had to be effected because of certain financial bungling as was alleged in the chargesheet dated 22.8.2000 and show cause was issued to the petitioner on 21.11.2000. In addition to that it seems that criminal case was also instituted against the petitioner for similar charge of defalcation etc. A Money Suit was also filed against the petitioner along with some other employees. An Enquiry officer in the departmental proceeding was appointed and he examined the matter and the show cause filed on behalf of the petitioner. After some deliberation he returned the file of the departmental enquiry to the District Magistrate with a note that since a criminal case has already been filed against the petitioner there was no occasion for the enquiry officer to proceed in the matter.

(3.) Matter rested there for a while. Two things must be pointed out straightway in the order that when the petitioner was suspended and the departmental enquiry was initiated the Municipality under question was under supersession. By virtue of that supersession order the District Magistrate came to exercise authority and power over the body in question. Subsequently on 16.6.2002 after due election the Municipal body was restored and the body was being run in terms of the Bihar Municipal Act, 1922 as it then existed. In so far as the case of the petitioner is concerned, it seems that despite the constitution of the Municipal body and vesting of authority in the elected body, the District Magistrate, may be by omission or over sight continued to exercise his authority in the matter relating to petitioner. This is so as on 2.12.2002 he reverted the records of the proceeding to the enquiry officer directing him to hold an enquiry despite his earlier opinion or objection. Based on the direction of the District Magistrate the enquiry officer proceeded in the matter. Regular enquiry was held against the petitioner and a report was submitted to the District Magistrate on 6.11.2003. Since nothing was happening after submission of the enquiry report. Petitioner filed writ namely C.W.J.C.No. 1492 of 2004. The grievance of the petitioner was that though the enquiry report was submitted against him to the District Magistrate but no final order was passed in the matter. That was the limited prayer of the petitioner as one can make out from the order of the earlier writ application. Vide order dated 24.2.2004 a Bench of this Court directed the District Magistrate to pass a final order on or before 31st May 2004. The order also states that if no final order is passed on or before that date then the suspension of the petitioner shall stand revoked. Petitioner was directed to appear before the District Magistrate.