LAWS(PAT)-2019-7-59

BIKRAMA SINGH Vs. STATE OF BIHAR

Decided On July 08, 2019
BIKRAMA SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The petitioner has challenged the order dated 11.11.2013 issued under the signature of the Special Secretary, Government of Bihar, dismissing the petitioner from service as also the order dated 12.01.2016 contained in Memo No. 77 issued under the signature of Additional Secretary, Government of Bihar whereby the review preferred by the petitioner against the order of punishment of dismissal has been rejected and the order of punishment has been upheld. An additional prayer of the petitioner is that after setting aside of the aforesaid two orders, a direction be issued to pay to the petitioner, the salary from the date of his dismissal i.e. from 01.04.2002 till the date of the retirement.

(2.) A departmental proceeding was initiated against the petitioner for his alleged misconduct during the period 1988-90 when he was posted as Assistant Engineer in Son Canal Modernization Division, Sasaram Camp, Dehri. The charge-sheet was issued against him on 10.11.1998 which was based on the allegations levelled in the F.I.R bearing name and number Dehri P.S. Case No. 302 of 1995 dated 11.08.1995 with the allegation that the petitioner, in conspiracy with a private contractor, had cleared for payment, a forged and fabricated bill of the amount of Rs. 4,98,000/- without the work having been completed. Thus, the charge against the petitioner is of having unauthorizedly cleared a bill of Rs. 4,98,000/- of the contractor without the completion of work which is a grave misconduct.

(3.) In the enquiry, the conducting officer submitted his report dated 10.03.2000, holding the petitioner guilty of charges. After the second show cause notice was issued to him, final order of punishment dated 27.03.2002 was passed, dismissing the petitioner from service and holding that nothing beyond the subsistence allowance would be payable to him for the period of suspension.