SACHIDANAND LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONER was working as the Head clerk in the office of the Sub Divisional Officer, Muzaffarpur. On 20 June, 1986 he was transferred as such head clerk from the office of the Sub -Divisional Officer to the office of the Anchal Adhikari, Katra Anchal, Muzaffarpur. On 14 August 1986, the Sub -Divisional Officer issued a relieving order in favour of the petitioner. There is no dispute that subsequent thereto the petitioner did join the office of the Anchal Adhikari as head clerk. While the petitioner was discharging his duties of head clerk at the office of the Anchal Adhikari, he was put under suspension by an order, dated 4 May 1987. In this order of suspension, it was indicated that the petitioner is being put under suspension for the petitioner despite requests failed to handover charge of the office of head clerk attached to the office of the Sub -Divisional Officer upon his transfer and that when the office of the Anchal Adhikar was inspected, the petitioner was not found discharging his duties from a date of a month and, accordingly it was held out that the petitioner is unauthorisedly absenting himself from his duties.

(3.) THEREUPON the matter remained in the cold storage and accordingly the petitioner approached this Court by filing the present writ petition and thereby called upon the disciplinary authority to explain the unreasonable delay in complying with the order of the appellate authority. While the writ petition was pending, the petitioner was asked by the disciplinary authority to visit him. The petitioner visited the disciplinary authority and soon thereafter the disciplinary authority passed an order reaffirming the earlier dismissal order passed by the disciplinary authority on 20 September, 1990. The principal reason appears to be, as culled out from the said order as well as the various affidavits filed by the respondents in the present writ petition, that the petitioner did not, despite giving opportunities, dispute the allegations as were levelled against him.