RAM PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. The appellant is aggrieved against the order dated 21st August, 2008 by which the writ petition of the petitioner, challenging the order dated 18th February, 1989 by which the services of the petitioner has been terminated, has been dismissed.

(2.) It appears from the facts of the case that petitioner, when posted as Chief Instructor, I.T.I., Gua, Singhbum was served with an order of suspension dated 29th July, 1987 and thereafter, he was served with a charge-sheet dated 3rd September, 1987. The petitioner submitted his representation against the charges and thereafter ultimately the disciplinary authority passed the order of dismissal from service of the petitioner which is dated 18th February, 1989. The petitioner preferred appeal against said order on 10th April, 1989. Appellant's appeal was not decided in spite of several note sheets on file in favour of the petitioner made by several officers, concerned Secretary of department and even by minister concerned. The petitioner gave several representations which were also ignored and appeal was not decided. Therefore, the petitioner preferred writ in the year 1999. The petitioner's writ petition was dismissed on the ground of delay.

(3.) Petitioner's contention before the learned Single judge was that no fair inquiry was conducted and no opportunity of hearing was given to the writ petitioner. The petitioner demanded copies of several documents, which were not provided to him and the petitioner was even not given copy of the enquiry report. The petitioner never admitted his guilt. Petitioner's reply to the charges was not considered by the disciplinary authority and after quoting the charges verbatim, the disciplinary authority without considering any evidence or even enquiry report and without rejecting petitioner's plea taken in reply to allegations, straightway by non speaking order, declared the petitioner guilty of the charges and passed such harsh order of dismissal from services.