The main legal point established in the judgment is the violation of Rule 55 of the Civil Services(Classification Control and Appeal) Rules, 1930 and the government instruction contained in letter no.5480 dated 10.10.1998, leading to the dismissal of the petitioner from service.

1. Heard learned counsel for the petitioner and the State.

2. At the relevant time petitioner served as District Welfare Officer, Bhojpur. He filed this writ petition praying inter alia to quash the departmental proceeding initiated against him under Memo No. 1799 dated 21.04.2005, Annexure-6 as also to direct conclusion of the proceeding initiated against him under Memo No. 1814 dated 16.04.2004, Annexure-1. During the pendency of the writ petition petitioner has been served with the resolution of the Government bearing no.2069 dated 12.9.2011, Annexure-A to the supplementary counter affidavit of respondent no.2 dismissing him from service as the charges levelled by the District Magistrate, Bhojpur against him and forwarded to the Government under Memo No. 303 dated 28.01.2004 has been found proved by the Enquiry Officer under report dated 18.10.2005, Annexure-8.

3. It appears petitioner was earlier served with resolution of the Government dated 16.04.2004, Annexure-1 enclosing the charge-sheet dated 22.01.2004 drawn against him by the District Magistrate, Bhojpur in form ‘K’ alleging disbursement of Rs.31,44,835/- by him for payment of scholarship to the students of three colleges namely, Janta College, Lohai, Piro, Bhojpur, Co-operative College, Barap, Garhani and Mahatma Gandhi College, Lahrabad, Piro during the period between 13.5.1997-5.1.2000, which was not paid to the students and defalcated by the authorities. One of the three colleges namely Janta College, Piro was also found to be a non-existent institution. He is also alleged to have violated the Government instruction issued under the signature of the Secretary, Welfare Department bearing letter No.5480 dated 10.10.1998 for ensuring proper disbursement and payment of scholarship amount to the students through account payee cheque drawn in the name of the students. Perusal of the said charge sheet also indicates that the evidence relied upon in support of the charges are the report(s) of the Sub-divisional Officer, Piro and District Accounts Officer, Bhojpur. Besides the report of the Sub-divisional Officer and the Accounts Officer reliance in support of the charges was also placed on the contents of the F.I.R. of Nawada P.S. Case No.47 of 2003, 144 of 2003, 240 of 2003 and 160 of 2003. List of the colleges was also relied upon to indicate that the cheques issued by the petitioner were received by the Assistant/Nazir. Having received the aforesaid charge sheet petitioner submitted letter dated 22/25.5.2004, Annexure-4 to the Deputy Director, Headquarter cum Enquiry Officer requesting him to furnish the 36 annexures appended with the report of the Accounts Officer, Bhojpur. In the said letter petitioner further requested the Enquiry Officer to grant him copies of other seven documents including the order by which he deputed Rajdeo Singh, Sub-divisional Welfare Officer in the district headquarter for making enquiry in connection with grant of scholarship. From the letter of the Deputy Secretary of the Welfare Department dated 17.07.2004, Annexure-K to the counter affidavit filed on behalf of respondent nos. 2 and 3, it appears that documents asked for by the petitioner under letter dated 22/25.05.2004 were directed to be issued to the petitioner.

4. It is submitted on behalf of the petitioner that in spite of the direction contained in the aforesaid letter dated 17.07.2004, Annexure-K documents asked for by the petitioner under letter dated 22/25.05.2004 and directed to be given to the petitioner under letter dated 17.07.2004 were not given to the petitioner and he had to submit his written defence dated 22.09.2004, Annexure-5 on the basis of his memory/recollection. In last paragraph of the written defence dated 22.09.2004 it is stated that the same be treated as interim defence. Under resolution of the Government dated 21.04.2005, Annexure-6 the earlier Enquiry Officer was replaced by Ram Bujhawan Choudhary another Deputy Director, Headquarter as Enquiry Offic