ARJUN PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for quashing the order dated 12.8.1983 passed by Deputy Commissioner, Hazaribagh whereby he has been dismissed/removed from the service and also the order passed by Commissioner, North Chhotanagpur Division and the Additional Member Board of Revenue, Government of Bihar, Patna by which order of dismissal has been affirmed in appeal and revision filed by the petitioner.

(2.) IT appears that in 1975 while the petitioner was posted in the Collectorate, Hazaribagh, he was put under suspension by order dated 9.7.1975 and memo of charge was served in respect of the following charges ;

(3.) MR . Prakash Chandra, learned counsel appearing for the petitioner assailed the impugned order as being illegal and violative of principle of natural justice. Learned counsel submitted that the entire departmental proceeding and the order of removal is vitiated in law on account of not giving opportunity of hearing to the petitioner to cross examine the witnesses and also for non supply of inquiry report and other documents by the Enquiry Officer. Learned counsel further submitted that neither all the records were produced before the Inquiry Officer nor report of the hand -writing expert was called before passing the impugned order of removal. Learned counsel further contended that a criminal case was instituted against the petitioner being G.R. No. 2210/75 and he was acquitted from the charges by judgment and order passed by Judicial Magistrate -1st class, Hazaribagh.