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2011 Supreme(Pat) 1055

RAMESH KUMAR DATTA
Jagdish San Son Of Shri Saguni San – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Ramesh Kr.Datta, J.

1. Heard learned counsel for the petitioner and learned counsel for the respondent Bihar School Examination Board.

2. The petitioner seeks quashing of the Office Order dated 28.1.2003 of the Chairman of Bihar School Examination Board by which the petitioner has been dismissed from service and also the Office Order dated 2.5.2003 by which the appeal filed by the petitioner has been rejected and for other consequential relief.

3. The petitioner at the relevant time was working as Assistant in the respondent Board. On 31.3.2000 he was issued a show cause notice charging him for preparing wrong mark-sheet and issuing duplicate certificate of Gopal Prasad of supplementary examination of 1978. Thereafter the petitioner was placed under suspension by order dated 13.10.2000 and was served with a memo of charge dated 6.1.2001 directing him to file written statement of defence within 15 days. It is the case of the petitioner that on account of non-supply of papers that he had asked for immediately after service of show cause notice and the charge memo he was unable to file a proper show cause in the matter. Admitted position is that thereafter the Enquiry Officer









































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