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2003 Supreme(Pat) 540

NARAYAN ROY
Santan Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard counsel for the parties.

2. This writ application is directed against the orders as contained in Annexures 4 and 10. Vide order as contained in Annexure 4 the petitioner has been dismissed from service on conclusion of a departmental proceeding and the order of dismissal has been affirmed vide order as contained in Annexure 10 by the appellate authority.

3. Learned counsel for the petitioner submitted that in the departmental proceeding sufficient opportunity of hearing was not given to the petitioner even though he had filed a petition before the enquiry officer to stay the proceeding as he was also proceeded against for the same self charge in a criminal case and this fact is borne out from the appellate order as contained in Annexure 10. Learned counsel also submits that the petitioner has been acquitted in the criminal case vide judgment as contained in Annexure 5.

4. A counter affidavit has been filed on behalf of the respondents stating therein that a show cause notice was given to the petitioner and charges were served upon him and thereafter the petitioner appeared in the departmental proceeding and, therefore, the principles of natural justice were followe





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