KESHAW PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONER , Lai Babu Roy and Keshaw Prasad Singh were the Assistant Engineer and Junior Engineer at the relevant time in the Water Resources Dep ment of the State Government. They were served with show cause notice dated 17.7.1984 calling upon them to show cause as to why they be not asked to deposit a sum of Rs. 50,306/ - the amount of loss suffered by the department on account of short supply of boulders to the tune of 22952 cubic feet after enquiry made by the Superintending Engineer at Spur Nos. 3 to 5, 9 and 10 of Barhaiya Protection Scheme. In response to the said show cause notice both the petitioners filed their show cause reply which are dated 28.7.1984, Annexure -8 in C.W.J.C. No. 3333 of 2001 and 26.6.1985, Annexure11 in C.W.J. C. No. 3821 of 2003. The authorities of the department having considered the aforesaid show cause reply, passed impugned order dated 19.9.1997 in the case of petitioner Keshaw Pd. Singh and order dated 16.12.1992 in the case of petitioner Lai Babu Roy, whereunder they were awarded punishment of censure, stoppage of promotion for a period of five years as also recovery of Rs. 48,000/and Rs. 36,000/ -.

(3.) DURING the pendency of CWJC No. 3821 of 2003, petitioner Lal Babu Roy has left for his heavenly abode, leaving behind heirs as indicated in paragraph no. 2 of I.A. No. 3883 of 2007. Let the name of petitioner, Lal Babu Roy be expunged from the records of this case and in his place, heirs mentioned in paragraph 2 of I.A. No. 3883 of 2007 be substituted.