AJIT KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE office of the appellant, who was Divisional Forest Officer in the State Trading Division, Gumla, was inspected more than once in November, 1994. On such inspection it was found that there is defalcation of the Government money to the tune of Rs. 32,92,000.00 (rupees thirty -two lacs ninety -two thousands). A First Information Report dated 29.11.1994 was filed against the appellant which was registered on

(2.) 12.1994, for an offence under Sec. 409 of the Indian Penal Code. The Government passed an order dated 29.11.1994 suspending the appellant and this order was served on him on 30.11.1994, on which date he has also retired from service. During further investigation it was discovered that the Government money to the tune of Rs. 1,47,000.00 (rupees one lac fourty -seven thousand) has been defalcated. The appellant was charge -sheeted vide charge -sheet dated 12.7.1996 and Shri A.K. Sinha, Chief Conservator of Forest was appointed as the Enquiry Officer. Shri Sinha having died in August, 1996, another Enquiry Officer, Shri A. Kumar, was appointed by the Government vide order dated 23.11.1996. The said order appointing Shri A. Kumar as an Enquiry Officer along with the charges was also sent to the appellant, which is said to have been received by him on 9.1.1997. It is at this stage that the appellant has filed a writ petition, being C.W.J.C. No. 635 of 1997 (R), in this Court challenging the said order dated 23.11.1996. On 6.3.1997 a learned Single Judge passed an interim order in the writ petition staying the departmental proceeding. The writ petition having been dismissed by the learned Single Judge on 23.3.1998 the appellant has filed this appeal under Clause 10 of the Letters Patent. 2. The learned Counsel for the appellant has made two submissions in support of this appeal -

(3.) THE departmental proceedings against the appellant have been initiated under Rule 43(b) of the Bihar Pension Rules (hereinafter referred to as the Rules), which provides for such proceedings after retirement of the Government Servant. The said Rule 43 is reproduced below: