LAWS(PAT)-2019-1-277

STATE OF BIHAR Vs. OM PRAKASH

Decided On January 07, 2019
STATE OF BIHAR Appellant
V/S
OM PRAKASH Respondents

JUDGEMENT

(1.) Heard Shri Anjani Kumar, learned Additional Advocate General for the State of Bihar.

(2.) This appeal questions the conclusion drawn by the learned Single Judge, whereby the punishment order passed against the respondent-petitioner has been set aside on the ground that in spite of having knowledge of the acts of omission as alleged against the respondent-petitioner the departmental authority slept over the matter for an inordinate long period of time.

(3.) We have gone through the charge-sheet as also the Inquiry Report. The Inquiry Officer had not held the respondent-petitioner to be responsible for the allegations but disagreeing with the same, the Disciplinary Authority issued a show-cause to the respondent-petitioner on the ground that since the respondent-petitioner had failed to hand over charge in spite of repeated reminders, therefore, the inference is that the respondent-petitioner was responsible for the loss of the items, the inventory whereof was prepared on 23rd of February, 2007. Accordingly, the punishment was meted out to him on conclusion of the valuation of the alleged loss of items, the inventory whereof was prepared in the year 2007.