INDRA NAND MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) A Tubewell Operator in the Waterways and Tubewell Division, Muzaffarpur, has challenged the order of dismissal contained in Annexure-E whereby he has been treated as dismissed retrospectively from June 22, 1963. The so-called order of dismissal is a communication of the Executive Engineer addressed to the Superintending Engineer.

(2.) In the year 1954, the petitioner was appointed as Tubewell Operator and worked satisfactorily until the year 1963 in the Waterways and Tubewell Division, Muzaffarpur. In addition to his own duties as Tubewell Operator, he was asked to collect water rent. In December 1963 he was suspended by the Executive Engineer of the said Division (by memo) contained in Annexure-1. The said memo dated December 14, 1963 states:

(3.) The grievance of the petitioner is that he was never paid ay susbsistance allowance and the same was not even indicated in the order of suspension, nor any charge-sheet was served for submission of show cause nor the head quarter was fixed and the petitioner was asked to go home till final decision would be taken in the matter. He being a lay man, unaware of the legal procedure, went to his village home. At no point of time any show-cause notice was served for the charges levelled against him, nor any information what-so-ever regarding any departmental proceeding or even contemplation of it was furnished to the petitioner. He has alleged that he was not pulling on well with the then Ziladar and out of bias and malice the charge of defalcation was foisted on him for which there was neither any proof nor any basis and, therefore, the order of suspension was illegally passed.