LAKHAN LAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the order of dismissal from service made after departmental proceeding vide order dated January 16, 1988 (Annexure-8), as well as the order dated May 16, 1990 (Annexure -11), by which the appeal preferred by the petitioner was rejected .

(2.) As in this case, a short question of law is involved, so it is not necessary to go into the detailed facts of this case, except the relevant one, as stated hereunder.

(3.) The petitioner was functioning as Village Level Worker (V.L.W.) under the Respondents-State and was posted in the Kurtha Block of district Jehanabad. He was made an Executive Agent for construction of one Kuccha Bandh, having project No. 20/82 -83. For such execution, he was provided with a cash amounting to Rs. 1,90,000 and 255 quintals of food grains amounting to Rs. 2,34,625. Subsequently, it was alleged that a total work of Rs. 1,59,518.80 Ps. was performed and so the petitioner was asked to refund back the rest of the amount of Rs. 65,106.10 P. The petitioner having not refunded such amount a Police Case No. 170/83 was lodged to that effect and a departmental proceeding was also initiated against the petitioner. He was suspended by order dated November 29, 1983 and chargesheet was submitted by memo dated June 6, 1985. The aforesaid charge of defalcation of Rs. 65,106.10P. was levelled against the petitioner by the said charge- sheet.