KANHAIYA LAL Vs. STATE OF JHARKHAND & ORS.

JUDGEMENT

(1.) Petitioner has challenged the order dated 3.12.2003 (Annexure 23) by which he has been punished, inter alia, with dismissal from service and also the appellate order dated 30.1.2004 (Annexure 25) confirming the said order.

(2.) Petitioner was served with charge dated 9/10.5.2002 (Annexure 16) for defalcation of Government money of Rs. 8,54,433.00. Petitioner participated in the enquiry. The enquiry officer in his report dated 6.3.2003 (Annexure 21) found the petitioner guilty. A second show cause notice was issued to the petitioner along with the enquiry report. The disciplinary authority accepted the report of the enquiry officer and passed the impugned order of punishment. On appeal, the appellate authority confirmed the said order.

(3.) Learned counsel for the petitioner referring to the charge-sheet submitted that the department had already made up its mind that petitioner was guilty. He further submitted that the other officers were responsible for defalcation and not the petitioner. He further submitted that no reasons have been given in the impugned orders.