NAMO NARAYAN DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) IT is submitted on behalf of the petitioner that a criminal case was also filed with regard to charge No. 1 for defalcation of Rs. 23,475.67 and with regard to charge No. 3 for defalcation of Rs. 1,000.00 , but subsequently after a full dress trial, petitioner was acquitted on 21.2.2002. It is further submitted that regarding charge No. 2 the disciplinary authority said that though Rs. 6,440.00 was ultimately deposited but there was a case of temporary defalcation. Regarding charge No. 4, the enquiry officer found that the same was not fully proved but the disciplinary authority found that the petitioner defalcated Rs. 3180.00 . Regarding charge No. 5, the enquiry officer found that it is difficult to arrive at any conclusion in absence of the verification of the accounts fully by special team but the disciplinary authority found that petitioner defalcated Rs. 14766.85. It is further Submitted that a show cause notice was issued to the petitioner on 19.1.1998 simply reiterating the charges, and without indicating the grounds for differing with the enquiry report. Moreover, though 15 days time was given to file show cause but the impugned order of punishment was passed on 23.1.1998.