SHYAM SUNDER RAI Vs. MANAGING DIRECTOR, BIHAR STATE SCHEDULED CASTE SCHEDULED TRIBES CO-OPERATIVE DEVELOPMENT CORPORATION LTD.

JUDGEMENT

(1.) HEARD Learned Counsel for the petitioner and learned Senior counsel for the Corporation. Vide order dated 17.5.2005 contained in Annexure -5 petitioner has been dismissed from service on the ground of certain embezzlement and maintenance of accounts in his capacity as an Inspector while working with Purnea Branch of the Corporation. This order of punishment is therefore under challenge in the present writ application.

(2.) LEARNED Counsel for the petitioner submits that the order of punishment is bad in law in view of the fact that he had not been served a copy of the so -called enquiry report based on which order of punishment has been passed. Not only this, he also informs the Court that a criminal case was also instituted against him for the same cause of action which was K. Hat P.S. Case No. 313 of 2004. The matter was thoroughly investigated by the police and a Final Form has come to be filed in the case exonerating the petitioner of any wrong doing. Petitioner in his rejoinder filed to the counter affidavit has brought the above fact on record as also annexed the detailed petition which he had filed before the Superintendent of Police, Purnea which is Annexure -9. According to the petitioner since all the money had been deposited at various point of time either in the local office or in the headquarters, the whole issue and the allegation of embezzlement is misplaced. The materials and the statements made in the writ application as well as the rejoinder application are therefore upon the respondents to consider it.