RAKESH RANJAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS have challenged the orders No. 1320, 1319 and 1318, dated 31.12.1997, issued by respondent No. 5, whereby and whereunder they have been dismissed from service and have claimed consequential reliefs.

(2.) THE relevant facts, in short are as follows. Petitioners were posted as Junior Engineers at Galudih right Canal Division No. 2, Musabani, District, East Singhbhum at the relevant time. In the light of report submitted by the flying squad Division No. 2, petitioners were put under suspension and a departmental proceeding was initiated against them. The main charge was of deliberately making excess payment to the tune of Rs. 16,23,124/ - to the contractor. The Enquiry Officer exonerated the petitioners in his report dated 18.4.1996. Petitioners had filed writ petitions challenging the order of suspension but after it was revoked they prayed for a direction for passing appropriate order on the said enquiry report. The said writ petitions were disposed of on 3.9.1997, the operative portions of which reads as follows:

(3.) MR . Shivnath, learned Counsel appearing for the petitioners submitted that