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2006 Supreme(Pat) 766

BARIN GHOSH
Devendra Prasad Sinha – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the parties.

2. A chargesheet was issued against the petitioner and thereby a disciplinary proceeding was initiated against the petitioner. The chargesheet contained as many as eight charges. For the self same charge a first information report was filed. It does not appear that the said first information report has resuited in filing of a chargesheet before any criminal court. The petitioner gave a reply to the chargesheet.

3. In the meantime the petitioner was put under suspension. On 22nd December, 2000, an Enquiry Officer was appointed. The Enquiry Officer fixed 27th December, 2000 as the first date of enquiry. On 27th December, 2000, the petitioner as well as the Presenting Officer appeared before the Enquiry Officer. While the petitioner submitted his written explanation about the charges, the Presenting Officer did not bother to file any document or any written explanation or anything before the Enquiry Officer. The Enquiry Officer submitted his report. In respect of the first charge, the Enquiry Officer has recorded that it was submitted by the Presenting Officer that handwriting expert can only tell as to whether the subject bills which










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