GYANENDRA NATH SHRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioner. None appears for the State.

(2.) Charge memo dated 29.09.1999(Praptra Kha) was served on the petitioner. The two allegations made against the petitioner were that when an order of transfer dated 24.03.1999 was served on the petitioner and he was relieved then in retaliation to the same he misbehaved with the District Stastical Officer and abused him with filthy language and threatened to kill him outside the office on the same very date. The other allegation is of unauthorized absence from 06.01999 to 13.03.1999.

(3.) The petitioner has alleged that it is a case of his false implication as the District Stastical Officer was acting malafide against the petitioner. He further submits that inadmissible evidence in the form of deposition of witnesses who were not concerned with the incident has been taken into consideration by the Presenting Officer. He submits that alleged period of unauthorized absence i.e. 06.02.1999 to 101999 was unsustainable inasmuch as during said period the employees enmasse including the petitioner were on strike.