AMRENDRA NARAIN BANKER Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal in terms of Clause 10 of the Letters Patent of the Patna High Court has been preferred by the heirs and legal representatives of Harendra Narain Banker (hereinafter to be referred as the employee, the original writ petitioner), who are aggrieved by the judgment dated 17.9.1999, passed in C.W.J.C. No. 7454 of 1989, whereby the writ petition was dismissed on the ground of delay in pursuing the remedies against the order of dismissal from service, passed by the Bihar State Co -operative Marketing Union Ltd. (hereinafter to be referred as the employer).

(2.) The employee had initially joined the employer 'sservices way back in the year 1965 as a Cashier. He was promoted to the post of Accountant in the year 1970. During the period 24.8.1976 to disbursed by way of advances to two serving Assistant Engineers of the employer. The employee was at that point of time functioning as an Accountant. In view of the circumstances surrounding the disbursement, the employee had reported the alleged irregularities in disbursement to the appropriate authorities leading to the first information report on 30.3.1977, and the second first information report on 4.7.1977. The employee become an accused in the criminal case(s), was in custody from 10.9.1979 to 25.10.1979, and was released on bail by order dated 25.10.1979, passed by this Court. Thereafter the employee was sent up for trial, and was ultimately acquitted by judgment dated 16.7.1986 (Annexure -11). The State of Bihar preferred Government Appeal Nos. 28 of 1986, and 29 of 1986, in this Court, which was dismissed by order dated 17.5.1987.

(3.) THE two F.I.Rs. were followed by initiation of departmental proceedings against the petitioner. The memo of charges were served on him on 1.9.1977 (Annexure -4). He had shown cause by his communication dated 6.9.1977 (Annexure -5), whereafter the inquiry report was submitted on 23.7.1978 (Annexure -8), followed by the order of dismissal dated 20.10.1979. The employee approached this Court directly by preferring C.W.J.C. No. 5998 of 1983, which was dismissed by judgment dated 23.5.1985, reported in 1985 P.L.J.R. page 1078, whereby he was given liberty to take recourse under law. The employee preferred appeal before the Registrar of Co -operative Societies on 20.12.1988, which was dismissed by order dated 9.5.1989 (Annexure -9), leading to the present writ petition. The employee died on 11.4.1990, during the pendency of the writ proceedings, and was substituted by his heirs and legal representatives who are the appellants herein.