RAM KRIPAL SAHI, S/O LATE MURAT SAHI Vs. STATE OF BIHAR THROUGH REGISTRAR COOPERATIVE DEPARTMENT, GOVT OF IHAR, PATNA

JUDGEMENT

(1.) Heard Sri Manindra Kumar, the learned counsel for the petitioner and Sri Rakesh Kr. Jha, the learned counsel appearing on behalf of Bihar State Cooperative Marketing Union Ltd. (hereinafter referred to as the BISCOMAUN).

(2.) The petitioner, by way of the present writ petition, seeks to challenge the order dated 21.08.1993, as contained in Annexure-1 to the writ petition, whereby and whereunder, the petitioner herein has been dismissed from service with immediate effect. It has been directed that he would not be paid anything apart from the suspension allowance for the period of suspension. It has further been directed that separate proceeding would be initiated for recovery of the amount of loss caused to the respondent no. 3-BISCOMAUN. The petitioner herein further seeks to challenge the order dated 10.09.2002 passed by the Registrar, Cooperative Department, Govt. of Bihar, Patna, in Service Appeal no. 42 of 1994 whereby and whereunder, the order of dismissal dated 21.08.1993 has been upheld.

(3.) The short facts of the case are that the petitioner herein being Depot Manager was suspended by an order dated 22.03.1986 and after service of charge-sheet, a departmental proceeding was initiated against the petitioner herein. The Inquiry Officer submitted his inquiry report dated 26.09.1992 exonerating the petitioner herein from all the charges. However, the disciplinary authority instead of taking appropriate decision on the basis of the said inquiry report dated 26.09.1992, appointed a second Inquiry Officer, who did not even start the inquiry and the matter remained pending for about two years. The disciplinary authority of the respondent no. 3, then appointed a third and fourth Inquiry Officer to conduct the proceedings on the same set of charges which had already been inquired into by the first Inquiry Officer and the inquiry report was finally submitted by the 4th Inquiry Officer on 26.09.1992.