RAVINDRA KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) THE petitioner is aggrieved by the orders dated 2.8.2000 and 21.8.2000 by which punishment of recovery of Rs. 2,99,782/ - has been ordered by deducting 50% from the salary through his service dues and thereafter from the retiral benefits if the amounts remained unrealized. The punishment further orders that nothing beyond subsistence allowance shall be paid for the period of suspension, but which shall be counted for pensionary benefits and annual increments. Censure has been directed to be entered in his character roll for the period 1957 -1958. The petitioner was suspended on 22.1.1993 and proceeded against depart - mentally on allegations of alleged loss to the Government with regard to the cement bags arising out of his conduct. The petitioner submitted his show cause when final orders came to be passed in the departmental proceeding. Out of three charges he was exonerated of Charge -1 on merits even while holding him partially guilty for non -placement of accounts in time. He was held guilty and indicted on Charge -2 while exonerated of Charge No. 3. The respondents then proceeded to issue him second show cause notice on 26.7.1995 proposing to differ with the exoneration when the petitioner filed his reply to the same leading to the final orders.

(3.) LEARNED counsel for the petitioner urged that the second show cause dated 26.7.1995 was not in consonance with the law and communicated a final decision already taken observing the formality of a second show cause notice as a ritual.