DEVENDRA NARAIN OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks quashing of the order as contained in Annexure -5 by which he has been dismissed from service, and the order as contained in Annexure -7 by which his appeal against the order of dismissal has been dismissed. The relevant facts are as follows:

(2.) THE petitioner, the then Revenue Inspector, in the Irrigation (Water Resources) Department, was proceeded against on the charge of embezzlement. He has alleged to have misappropriated sums of Rs.1822.30 P. and Rs.3876.37 P. which he is said to have collected from the farmers but failed to deposit. He was placed under suspension on 29.12.76. A criminal case was also instituted. Later, on 26.12.86 he was released from suspension. In view of the enquiry report an order was passed to recover the sum of Rs.1500.12 P. from his salary in five instalments. Finally, on 4.10.94 the impugned order of dismissal was passed.

(3.) MR . Shyama Prasad Mukherji, learned counsel for the petitioner, contended that no enquiry as contemplated by Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, 1930 was held. He made specific grievance of the denial of opportunity to examine/cross examine witnesses. He also pointed out that copy of the enquiry report was not furnished to him. This alone is sufficient for quashing the dismissal order. He finally contended that the punishment of dismissal is disproportionate to the charge.