SHEOCHANDRA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed this writ for quashing the order contained in Annexure -5, whereby and whereunder he was dismissed from service.

(2.) THE petitioner, as per his case, was a J.E. and was posted in Jalpath Pramandal, Khunti when on 26.6.1988 was called by the Chief Engineer at Ranchi. He went there and there he had to stay. One choukidar (Night Guard) employed two guard the Godown at Khunti beside Sri S.N. Singh A.E. was the over all incharge of the said godown. According to the petitioner in his short absence a theft occurred in the Godown on 26.6.1988 after coming back he lodged an FIR but in that case the police submitted final form the petitioner then moved the Chief Judicial Magistrate not to accept final form, the Magistrate did not allow his prayer, then he filed a Revision against the order of C.J.M., which was allowed by the Sessions Judge. The J.M. thereafter found that the case was true (Annexure -2). The petitioner was departmentally proceeded on following charge :

(3.) RESPONDENTS appeared and filed counter affidavit. According to them the police found the case not of theft but of misappropriation of Government property lodged a case under Sections 466, 477, 468 of the Indian Penal Code against the petitioner. The preliminary enquiry reveled that 45 M.T. of Iron rode was short in the store and the choukidar had been allowed leave on that date by the petitioner. This preliminary enquiry was conducted by the Executive Engineer. The petitioner was consequently arrested. In departmental enquiry all the eight charges were proved against him (Annexure B) and prior to issue of the dismissal order second show cause had also been issued on proposed question of punishment (Annexure C). The petitioner has given his reply which was examined and found not solid and so rejecting the same. Impugned order Annexure -5 was passed.