LAWS(PAT)-2018-1-35

JAI PRAKASH NARAYAN SINHA Vs. STATE OF BIHAR

Decided On January 15, 2018
Jai Prakash Narayan Sinha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) The petitioner was dismissed from service in relation to some charges while posted as typist-cum-clerk at Legal Section in the Collectorate, Jehanabad. Charges were that 14 vouchers amounting to Rs. 8,975/- were placed by him making forged signature of the then District Magistrate, Jehanabad. He was found guilty in the proceedings arising out of the said case which was the subject matter of the writ petition bearing C.W.J.C. No. 11311 of 2005. Said writ petition was disposed of vide order dated 26.4.2011. The petitioner took a plea before this Court in the said proceeding that since the documents had not been furnished to him and owing to non-cross-examination of the then District Magistrate, Jehanabad, whose signature had been forged by the petitioner on the vouchers. The petitioner was denied the opportunity to cross-examine the said officer as he had not been called in the proceeding. In view of the aforesaid submission, this Court vide order dated 26.4.2011 ordered as follows:--

(3.) It appears that thereafter the petitioner was proceeded afresh in relation to the said charges, wherein he submitted his reply. This time, as it is evident from his show cause dated 8.10.2012 he took a new plea altogether that the bills/vouchers in question had been changed. Considering the aforesaid submission and in view of the order dated 26.4.2011, passed by this Court the District Magistrate, Jehanabad in the proceedings had given the petitioner an opportunity vide letter dated 18.12.2011 whereby the attested photocopy of vouchers in issue had been supplied to him and he was asked to submit the question which were to be asked from the then District Magistrate, Jehanabad (Sri Arunesh Chawla) whose signatures the petitioner had allegedly forged on the vouchers.