MAHESH DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Kali Prasanna Dubey learned counsel for the petitioner and Mr. P.K. Verma learned counsel for the State.

(2.) The petitioner by filing this writ petition seeks quashing of the order, as contained in Memo no. 513(E) dated 01.02008 (Annexure-1) issued under the signature of Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Bihar, Patna by which the petitioner has been dismissed from the service.

(3.) The facts which are relevant for the disposal of this writ petitioner are that the petitioner was posted as Junior Engineer in the Building Construction Division, Supaul. Proceeding was initiated on the allegation that the petitioner took advance of Rs. 1,36,000.00 on 05.02003 and 24.02003, but the petitioner did not complete construction work and kept the money with him, thereby, the petitioner committed temporary defalcation. The Enquiry Officer submitted his report, on the basis of which the petitioner was dismissed from service.