MAHESHWAR PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the order of his dismissal from service issued by the State Government (Water Resources Department) vide memo no.164, dated 5.12.2000 on the basis of an enquiry the findings of which are contained in Annexure 30 to the writ petition.

(2.) Before coming to the actual findings in the proceeding, it will be relevant to state a few facts. The petitioner was a Junior Engineer and was posted on 7.8.1997 in West Kosi Canal, Raj Beraj Shibir under Water Resources Department. At the relevant time construction of a "siphon" in the Kamla river was under progress (the work is not completed till today).

(3.) It appears that the Superintending Engineer on 15.2.1998 addressed a letter to the Chief Engineer of the Water Resources Department making a complaint that the petitioner had slapped one of the Mazdoor working under the contractor which created disturbance in the work environment. Subsequent to that the petitioner was transferred from his place of posting to Jainagar, Darbhanga on 29.5.1998. The petitioner submitted his joining report on 30.5.1998.