ARJUN MISHRA Vs. BIHAR SCHOOL EXAMINATION

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BY virtue of the order contained in annexure -1 dated 13.7.2004 the then Chairman of Bihar School Examination Board dismissed the petitioner from service from a restrospective dated i.e. 26.9.2001. This is order of punishment which has been passed against the petitioner while exercising power under Rule 43(b) of Bihar Pension Rules.

(3.) A short fact may be noted in the present case which has lead to passing of the present impugned order. Petitioner was suspended initially in the year 2001 for deriliction of duty and violation of his part to perform his official duty by going on leave when the duty was imposed on the concerned section to furnish detailed list of evaluators and examiners for the purpose of declaration of result of matriculation examination of that year. The list was to be furnished within 24 hours but it was delayed by another 24 hours, thereby causing certain annoyance and inconvenience to Examination Board, in evaluation of copies of that year.