SARITA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Pursuant to the order dated 3.4.2010, Deputy Commissioner, Dumka is present in Court. A show cause has been filed by him explaining the delay and tendering unconditional and unqualified apology. The show cause filed by the Deputy Commissioner, Dumka is accepted and his personal appearance is dispensed with. Heard the parties on merits.

(2.) This writ petition was filed by the husband of the petitioner, namely, Ganesh Manjhi for setting aside the order dated 19.11.1994 passed by the Deputy Commissioner, Dumka removing him from service; and the order dated 29.3.2003 passed by the Commissioner, Santhal Pargana Division, Dumka confirming the said order of the Deputy Commissioner. After the death of petitioner-Ganesh Manjhi, his widow-Sarita Devi has been substituted in his place.

(3.) The petitioner's husband was dismissed from service when the charge of defalcation of Government money to the tune of Rs. 43,380/- was proved against him in the departmental proceeding. He was given full opportunity to defend him. The enquiry officer found that the charges were proved. The disciplinary authority considered the matter in detail and agreeing with the said findings, passed order of dismissal. The relevant papers were supplied and second show cause was served which was replied also. The appellate authority affirmed the order after considering the entire matter.