AJAY KUMAR PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been preferred with the following prayer:

(2.) ACCORDING to the writ petition, the petitioner at the relevant point of time was a Class -III employee and acting Peshkar in the office of the Special Land Acquisition Office No. 3, Suwarnrekha Pariyojana, Mango, Jamshedpur. An enquiry proceeding was started against the petitioner and others for acts of omission and commission during the course of land acquisition proceedings and payment of compensation. Charge -sheet dated 21.10.1995 (Annexure -2) was served on the petitioner who had shown cause by his communication marked Annexure -3 to the writ petition. The Special Land Acquisition Officer -III of the project was the enquiry officer who submitted his report dated 19.12.1996 (Annexure -B). Second show -cause notice dated 12.5.1998 (Annexure -4) had been issued to the petitioner, and he had shown cause by his communication dated 23.5.1998 (Annexure -5), leading to the order of punishment dated 23.1.1999 (Annexure -6), whereby he was dismissed from service. The petitioner submitted his appeal which has been dismissed by the order dated 31.3.2000 (Annexure -7), passed by the learned Commissioner -cum -Secretary, Department of Water Resources, Government of Bihar. Hence this writ petition.

(3.) LEARNED Counsel for the respondents has supported the impugned action. He submits that the scope of interference with the departmental proceeding in writ jurisdiction is extremely narrow and well -known. The petitioner cannot be permitted to convert this into a court of appeal.